FAMILY CODE OF UKRAINE

(Vedomosti Verkhovna Rada of Ukraine (VVR), 2002, No. 21-22, p. 135)

{Regarding the recognition of individual provisions as constitutional, see Decision of the Constitutional Court
No. 3-rp/2009 of 03.02.2009 }

{For the official interpretation of the Law, see the Decision of the Constitutional Court
No. 17-rp/2012 of 19.09.2012 }

{As amended by Laws
No. 5462-VI of 16.10.2012 , VVR, 2014, No. 6-7, Art. 80
No. 5477-VI of 06.11.2012 , VVR, 2013, No. 50, Art. 693
No. 245-VII of 16.05.2013 , VVR, 2014, No. 12, Art.
178 No. 402-VII of 04.07.2013 , VVR, 2014, No. 20-21, Art. 708
No. 1697-VII of 14.10.2014 , VVR, 2015, No. 2-3, Art. 12
No. 668-VIII of 03.09.2015 , VVR, 2015, No. 45, Art.
407 No. 911-VIII dated 24.12.2015 , VVR, 2016, No. 5, Art.
50 No. 936-VIII dated 26.01.2016 , VVR, 2016, No. 10, Art. 99 No.
1370-VIII dated 17.05.2016 , VVR, 2016, No. 25, Art.
501 No. 1404-VIII dated 02.06.2016 , VVR, 2016, No. 30, Art.
542 No. 1692-VIII dated 19.10.2016 , VVR, 2016, No. 48, Art. 813
No. 2037-VIII dated 17.05.2017 , VVR, 2017, No. 25, Art. 291
No. 2038-VIII dated 17.05.2017 , VVR, 2017, No. 26, Art.
293 No. 2234-VIII dated 07.12.2017 , VVR, 2018, No. 6-7, Art. 40 No.
2249-VIII dated 19.12.2017 , VVR, 2018, No. 6-7, Art. 43
No. 2475-VIII dated 03.07.2018 , VVR, 2018, No. 36, Art. 272
No. 463-IX dated 16.01.2020 , VVR, 2020, No. 31, Art. 226
No. 540-IX dated 30.03.2020 , VVR, 2020, No. 18, p. 123
No. 720-IX dated 06/17/2020 , VVR, 2020, No. 47, p. 408
No. 942-IX dated 11/03/2020
No. 1020-IX dated 02.12.2020 , VVR, 2021, No. 14, art. 120 - enters into force on 30.03.2021
No. 1871-IX dated 05.11.2021
No. 1909-IX dated 11/18/2021 , VVR, 2023, Nos. 12-13, p. 28
No. 2008-IX dated 01/26/2022 , VVR, 2023, No. 14, p. 30
No. 2541-IX dated 08/30/2022
No. 3022-IX dated 10.04.2023 , VVR, 2023, No. 65, p. 225
No. 3265-IX dated 14.07.2023 , VVR, 2023, No. 87, p. 321
No. 4017-IX dated 10.10.2024 , VVR, 2025, Nos. 11-14, p. 35}

{Regarding the recognition of individual provisions as unconstitutional, see Decision of the Constitutional Court
No. 1-r/2024 of 29.10.2024 }

{As amended by Laws
No. 4073-IX of 11/20/2024 , VVR, 2025, No. 17, Art. 48
No. 4439-IX of 05/14/2025 , VVR, 2025, No. 39, Art. 165
No. 4574-IX of 08/21/2025 , VVR, 2025, No. 49, Art. 216
No. 4779-IX of 02/10/2026 , VVR, 2026, No. 14, Art. 38
No. 4824-IX of 03/25/2026 }

{In the text of the Code, the words "state registration authority" in all cases and numbers are replaced by the words "state registration authority" in the corresponding case and number in accordance with Law No. 2398-VI of 01.07.2010 }

{In the text of the Code, the words "central executive body, whose powers include issues of adoption and protection of children's rights" in all cases are replaced by the words "central executive body, which implements state policy in the field of adoption and protection of children's rights" in the corresponding case in accordance with Law No. 5462-VI of 16.10.2012 }

{In the text of the Code, the words "disabled person" and "disabled child" in all cases and numbers are replaced, respectively, with the words "person with a disability" and "child with a disability" in the corresponding case and number in accordance with Law No. 2249-VIII of 19.12.2017 }

Section I GENERAL PROVISIONS↑

Chapter 1 FAMILY. REGULATION OF FAMILY RELATIONS↑

Article 1. Objectives of the Family Code of Ukraine↑

1. The Family Code of Ukraine defines the principles of marriage, personal non-property and property rights and obligations of spouses, the grounds for the emergence, content of personal non-property and property rights and obligations of parents and children, adoptive parents and adoptees, other family members and relatives.

2. Regulation of family relations is carried out by this Code for the purpose of:

strengthening the family as a social institution and as a union of specific individuals;

strengthening a sense of duty to parents, children and other family members;

building family relationships on a basis of parity, based on feelings of mutual love and respect, mutual assistance and support;

providing every child with family upbringing and the opportunity for spiritual and physical development.

Article 2. Participants in family relations regulated by the Family Code of Ukraine↑

1. The Family Code of Ukraine regulates family personal non-property and property relations between spouses, between parents and children, adoptive parents and adopted children, between the mother and father of a child regarding his upbringing, development and maintenance.

2. The Family Code of Ukraine regulates family personal non-property and property relations between grandparents, great-grandparents, great-grandfathers and grandchildren, great-grandchildren, siblings, stepmother, stepfather and stepdaughter, and stepson.

3. The Family Code of Ukraine regulates family personal non-property and (or) property relations between other family members defined therein.

4. The Family Code of Ukraine does not regulate family relations between cousins, aunt, uncle and niece, nephew, and between other relatives by descent.

Article 3. Family↑

1. The family is the primary and fundamental unit of society.

2. A family consists of persons who live together, are connected by a common way of life, and have mutual rights and obligations.

A spouse is considered a family even when the wife and husband do not live together due to study, work, treatment, the need to care for parents, children, or for other valid reasons.

A child belongs to his parents' family even when he does not live with them.

3. A single person has the rights of a family member.

4. A family is created on the basis of marriage, blood relationship, adoption, as well as on other grounds not prohibited by law and not contrary to the moral principles of society.

Article 4. The right of a person to a family↑

1. A person who has reached marriageable age has the right to found a family.

In cases provided for in part two of Article 23 of this Code, a family may be created by a person who has not reached marriageable age.

2. A family can be created by a person who has given birth to a child, regardless of age.

3. Everyone has the right to live in a family.

A person may be forcibly isolated from his family only in cases and in accordance with the procedure established by law.

4. Everyone has the right to respect for his or her family life.

Article 5. State protection of the family↑

1. The state protects the family, childhood, motherhood, and fatherhood, and creates conditions for strengthening the family.

2. The state creates conditions for motherhood and fatherhood, ensures the protection of the rights of mothers and fathers, and materially and morally encourages and supports motherhood and fatherhood.

3. The state ensures the priority of family upbringing of a child.

4. The state takes under its protection every orphan and child deprived of parental care.

{Part Four of Article 5 as amended by Law No. 3497-IV of February 23, 2006 }

5. No one may be subjected to interference in his family life, except in cases established by the Constitution of Ukraine .

Article 6. Child↑

1. A person has the legal status of a child until he or she reaches the age of majority.

2. A child is considered a minor until he or she reaches the age of fourteen.

A minor is considered a child between the ages of fourteen and eighteen.

Article 7. General principles of regulation of family relations↑

1. Family relations are regulated by this Code and other regulatory legal acts.

Relations regarding the adoption, entry into force, administrative appeal, execution, termination of the effect of administrative acts in the field of family relations are regulated by the Law of Ukraine "On Administrative Procedure", taking into account the features defined by this Code.

{Part one of Article 7 is supplemented with a paragraph in accordance with Law No. 4017-IX of 10.10.2024 }

2. Family relations may be regulated by agreement (contract) between their participants.

3. Family relations are regulated only to the extent that this is permissible and possible from the point of view of the interests of their participants and the interests of society.

4. Regulation of family relations is carried out taking into account the right to privacy of their participants, their right to personal freedom and the inadmissibility of arbitrary interference in family life.

5. A participant in family relations may not have privileges or restrictions based on race, skin color, gender, political, religious and other beliefs, ethnic and social origin, financial status, place of residence, language and other characteristics.

6. Women and men have equal rights and responsibilities in family relations, marriage and family.

7. The child must be provided with the opportunity to exercise his or her rights established by the Constitution of Ukraine , the Convention on the Rights of the Child , and other international treaties of Ukraine, the binding nature of which has been approved by the Verkhovna Rada of Ukraine.

{Part seven of Article 7 as amended by Law No. 524-V of 22.12.2006 }

8. Regulation of family relations should be carried out with the greatest possible consideration of the interests of the child and disabled family members.

9. Family relations are regulated on the principles of justice, good faith and reasonableness, in accordance with the moral principles of society.

10. Every participant in family relations has the right to judicial protection.

Article 8. Application of the Civil Code of Ukraine to the regulation of family relations↑

1. If personal non-property and property relations between spouses, parents and children, other family members and relatives are not regulated by this Code, they shall be regulated by the relevant norms of the Civil Code of Ukraine , unless this contradicts the essence of family relations.

{Text of Article 8 as amended by Law No. 524-V of 22.12.2006 }

Article 9. Regulation of family relations by agreement (contract) of the parties↑

1. Spouses, parents of a child, parents and children, other family members and relatives, relations between which are regulated by this Code, may regulate their relations by agreement (contract), if this does not contradict the requirements of this Code, other laws and the moral principles of society.

2. Persons living in the same family, as well as relatives by descent whose relations are not regulated by this Code, may regulate their family (kinship) relations by an agreement, which must be concluded in writing. Such an agreement shall be binding if it does not contradict the requirements of this Code, other laws of Ukraine and the moral principles of society.

Article 10. Application of analogy of law and analogy of right↑

1. If certain family relations are not regulated by this Code, other regulatory legal acts, or an agreement (contract) of the parties, the norms of this Code that regulate similar relations (analogy of the law) shall apply to them.

{Part one of Article 10 as amended by Law No. 524-V of 22.12.2006 }

2. If it is impossible to apply the analogy of law to the regulation of family relations, they shall be regulated in accordance with the general principles of family law (analogy of law).

Article 11. Taking into account customs when resolving family disputes by court↑

1. When resolving a family dispute, the court, upon the application of an interested party, may take into account local custom, as well as the custom of the national minority to which the parties or one of them belong, if they do not contradict the requirements of this Code, other laws and the moral principles of society.

Article 12. Calculation of the terms established in this Code↑

1. The time limits established in this Code shall be calculated in accordance with the Civil Code of Ukraine .

Article 13. International treaties of Ukraine↑

1. Part of the national family legislation of Ukraine are international treaties regulating family relations, the binding nature of which has been approved by the Verkhovna Rada of Ukraine.

2. If an international treaty of Ukraine, concluded in accordance with the established procedure, contains rules other than those established by the relevant act of family legislation, the rules of the relevant international treaty of Ukraine shall apply.

{Article 13 as amended by Law No. 524-V of 22.12.2006 }

Chapter 2 EXERCISE OF FAMILY RIGHTS AND FULFILLMENT OF FAMILY DUTIES. PROTECTION OF FAMILY RIGHTS AND INTERESTS↑

Article 14. Exercise of family rights↑

1. Family rights are those that are closely related to a person and therefore cannot be transferred to another person.

2. If a child or a person with limited legal capacity cannot exercise his or her rights independently, these rights shall be exercised by the parents, guardian or these persons themselves with the assistance of the parents or guardian.

{Part three of Article 14 was excluded on the basis of Law No. 524-V of 22.12.2006 }

Article 15. Fulfillment of family responsibilities↑

1. Family responsibilities are those that are closely related to a person and therefore cannot be transferred to another person.

2. If a person is recognized as incapacitated, his or her personal non-property family obligation shall be terminated due to the impossibility of its fulfillment.

The property obligation of an incapacitated person shall be performed by the guardian at his or her expense.

3. If, as a result of a mental disorder, serious illness or other valid reason, a person cannot fulfill a family duty, he or she shall not be considered to be evading its fulfillment.

4. Failure to fulfill or evasion of a family duty may be grounds for applying the consequences established by this Code or by agreement (contract) of the parties.

Article 16. Providing assistance to minor parents in exercising parental rights and fulfilling parental duties↑

1. If the mother or father of the child are minors, the grandmother or grandfather of the child on the side of the parent who is a minor are obliged to assist him in exercising his parental rights and fulfilling his parental duties.

Article 17. Provision by the guardianship and trusteeship body of assistance to persons in exercising their family rights and fulfilling family responsibilities↑

1. The guardianship and trusteeship body shall assist a person in exercising his or her family rights and fulfilling family obligations to the extent and in accordance with the procedure established by this Code and other regulatory legal acts.

Article 18. Protection of family rights and interests↑

1. Every participant in family relations who has reached the age of fourteen has the right to directly apply to the court for the protection of his or her right or interest.

2. The court shall apply the methods of protection established by law or by agreement (contract) of the parties.

Ways to protect family rights and interests include:

1) establishment of a legal relationship;

2) forced performance of an obligation not voluntarily performed;

3) termination of the legal relationship, as well as its recognition as invalid, cancellation;

{Clause 3 of Part Two of Article 18 as amended by Law No. 4017-IX of 10.10.2024 }

4) cessation of actions that violate family rights;

5) restoration of the legal relationship that existed before the violation of the right;

6) compensation for material and moral damage, if provided for by this Code or the contract;

7) change of legal relationship;

{Part two of Article 18 was supplemented by paragraph 7 in accordance with Law No. 524-V of 22.12.2006 }

8) recognition as unlawful the decisions, actions or inactions of a state authority, an authority of the Autonomous Republic of Crimea or a local self-government body, their officials and service personnel.

{Part two of Article 18 is supplemented by paragraph 8 in accordance with Law No. 524-V of 22.12.2006 ; as amended by Law No. 4017-IX of 10.10.2024 }

Article 19. Participation of the guardianship and trusteeship body in the protection of family rights and interests↑

1. In cases provided for by this Code, a person has the right to make a preliminary appeal for the protection of his or her family rights and interests to the guardianship and trusteeship body.

2. The decision of the guardianship and trusteeship body is mandatory if, within ten days from the time of its issuance, the person has not applied to the court for the protection of his rights or interests, except for the case provided for in Part Two of Article 170 of this Code.

{Part two of Article 19 as amended by Law No. 4017-IX of 10.10.2024 }

3. Applying for protection to a guardianship and trusteeship body does not deprive a person of the right to apply to court.

In the event of a lawsuit being filed with the court, the guardianship and trusteeship body shall cease consideration of the application submitted to it.

{Paragraph three of part three of Article 19 was excluded on the basis of Law No. 524-V of 22.12.2006 }

4. When considering disputes by the court regarding the participation of one of the parents in raising a child, the child's place of residence, the child's eviction, the child's removal from the registration of the place of residence, the recognition of the child as having lost the right to use the living quarters, the deprivation and restoration of parental rights, the visitation of the child by the mother or father who are deprived of parental rights, the removal of the child from the person who keeps him or her not on the basis of the law or a court decision, the management of the child's property by the parents, the cancellation of the adoption and its recognition as invalid, the participation of the guardianship and trusteeship body represented by an appropriate legal entity is mandatory.

{Part Four of Article 19 as amended by Law No. 2038-VIII of 17.05.2017 }

5. The guardianship and trusteeship body shall submit to the court a written opinion on the resolution of the dispute based on information obtained as a result of an examination of the living conditions of the child, parents, other persons who wish to live with the child and participate in his or her upbringing, as well as on the basis of other documents relevant to the case.

6. The court may disagree with the conclusion of the guardianship and trusteeship body if it is insufficiently substantiated or contrary to the interests of the child.

Article 20. Application of the statute of limitations to claims arising from family relationships↑

1. The statute of limitations shall not apply to claims arising from family relationships, except for cases provided for in Part Two of Article 72 , Part Two of Article 129 , Part Three of Article 138 , and Part Three of Article 139 of this Code.

2. In the cases provided for in part one of this article, the statute of limitations shall be applied by the court in accordance with the Civil Code of Ukraine , unless otherwise provided for by this Code.

Chapter II MARRIAGE. RIGHTS AND OBLIGATIONS OF THE SPOUSES↑

Chapter 3 GENERAL PROVISIONS↑

Article 21. The concept of marriage↑

1. Marriage is a family union between a woman and a man, registered in the state civil status registration authority.

2. Living together as a family of a woman and a man without marriage is not a basis for the emergence of rights and obligations of spouses.

3. A religious marriage ceremony is not a basis for the emergence of marital rights and obligations for a woman and a man, except in cases where the religious marriage ceremony took place before the establishment or restoration of state civil status registration bodies.

Article 22. Marriageable age↑

1. The marriageable age for men and women is set at eighteen years.

{Part one of Article 22 as amended by Law No. 4525-VI of March 15, 2012 }

2. Persons wishing to register a marriage must have reached marriageable age on the day of marriage registration.

Article 23. The right to marry↑

1. Persons who have reached marriageable age have the right to marry.

2. Upon application by a person who has reached the age of sixteen, the right to marry may be granted by a court decision if it is established that this is in his or her interests.

{Part two of Article 23 as amended by Law No. 4525-VI of March 15, 2012 }

Article 24. Voluntary nature of marriage↑

1. Marriage is based on the free consent of a woman and a man.

Forcing a woman and a man into marriage is not permitted.

2. Registration of marriage with a person who has been recognized as legally incompetent, as well as with a person who, for other reasons, did not realize the significance of his actions and (or) could not control them, has the consequences established by Articles 38-40 of this Code.

Article 25. Monogamy↑

1. A woman and a man can only be in one marriage at the same time.

2. A woman and a man have the right to remarry only after the termination of the previous marriage.

Article 26. Persons who cannot be married to each other↑

1. Persons who are relatives in the direct line of kinship may not marry each other.

2. A brother and sister who are related by blood (full or half blood) cannot marry each other. Full blood is defined as a brother and sister who share the same parents. Half blood is defined as a brother and sister who share the same mother or father.

3. Cousins, aunts, uncles, and nephews or nieces cannot be married to each other.

4. By court decision, the right to marriage may be granted between the adoptive parent's own child and the child adopted by him, as well as between children who have been adopted by him.

5. An adoptive parent and the child adopted by him cannot be married to each other.

A marriage between an adoptive parent and an adopted child may only be registered if the adoption is annulled.

Chapter 4 STATE REGISTRATION OF MARRIAGE↑

Article 27. Importance of state registration of marriage↑

1. State registration of marriage is established to ensure the stability of relations between a woman and a man, protect the rights and interests of spouses, their children, as well as in the interests of the state and society.

{Part two of Article 27 was excluded on the basis of Law No. 524-V of 22.12.2006 }

3. State registration of marriage is certified by a Marriage Certificate , the sample of which is approved by the Cabinet of Ministers of Ukraine.

Article 28. Application for marriage registration↑

1. An application for marriage registration shall be submitted by a woman and a man to any state civil status registration authority of their choice.

Persons who have filed an application for marriage registration are considered engaged.

{Part one of Article 28 is supplemented by paragraph two in accordance with Law No. 524-V of 22.12.2006 }

2. An application for marriage registration is submitted by the woman and the man personally.

3. If a woman and/or a man cannot, for good reasons, personally submit an application for marriage registration to the state civil status registration body, such an application, certified by a notary, may be submitted by their representatives. The powers of the representative must be certified by a notary.

4. If the marriage registration did not take place on the specified day, the application for marriage registration shall become invalid after the expiration of three months from the date of its submission.

Article 29. Informing the bride and groom of their rights and obligations↑

{Title of Article 29 as amended by Law No. 524-V of 22.12.2006 }

1. The state civil status registration authority is obliged to inform the bride and groom of their rights and obligations as future spouses and parents and warn them of responsibility for concealing obstacles to marriage registration.

{Article 29 as amended by Law No. 524-V of 22.12.2006 }

Article 30. Mutual awareness of the bride and groom about their health status↑

1. The bride and groom are obliged to inform each other about their health status.

2. The state ensures the creation of conditions for medical examination of brides and grooms.

3. The procedure for conducting a medical examination of brides and grooms shall be established by the Cabinet of Ministers of Ukraine.

4. The results of the medical examination are confidential and are only communicated to the bride and groom.

5. Concealment of information about the state of health by one of the spouses, which may result in (has resulted in) a violation of the physical or mental health of the other spouse or their descendants, may be grounds for declaring the marriage invalid.

{Article 30 as amended by Law No. 524-V of 22.12.2006 }

Article 31. Obligations of the bride and groom in case of refusal to enter into marriage↑

{Title of Article 31 as amended by Law No. 524-V of 22.12.2006 }

{Part one of Article 31 was excluded on the basis of Law No. 524-V of 22.12.2006 }

{Part two of Article 31 was excluded on the basis of Law No. 524-V of 22.12.2006 }

3. A person who has renounced marriage shall be obliged to reimburse the other party for the expenses incurred by him in connection with the preparation for the registration of the marriage and the wedding.

Such expenses are not subject to reimbursement if the refusal to marry was caused by the illegal, immoral behavior of the bride or groom, or by their concealment of circumstances that are of significant importance to the person who refused to marry (serious illness, the presence of a child, a criminal record, etc.).

4. In the event of the refusal of the person who received the gift in connection with the future marriage, the gift contract may be terminated by the court at the request of the donor.

In the event of termination of the contract, the person is obliged to return the thing that was given to him as a gift, and if it is not preserved, to reimburse its value.

Article 32. Time for marriage registration↑

1. Marriage shall be registered after the expiration of one month from the date of submission of the application for marriage registration by the persons.

If there are good reasons, the head of the state civil registration authority allows the registration of the marriage before the expiration of this period.

2. In the event of pregnancy of the bride, the birth of a child by her, as well as if there is an immediate threat to the life of the bride or groom, the marriage shall be registered on the day of submission of the relevant application or on any other day at the request of the bride and groom within one month.

{Part two of Article 32 as amended by Law No. 524-V of 22.12.2006 }

3. If there is information about the existence of obstacles to the registration of marriage, the head of the state civil status registration authority may postpone the registration of marriage, but not for more than three months. The decision on such postponement may be appealed to the court.

Article 33. Place of marriage registration↑

1. Marriage is registered at the premises of the state civil status registration authority.

At the request of the bride and groom, the marriage is registered in a solemn atmosphere.

{Paragraph two of part one of Article 33 as amended by Law No. 524-V of 22.12.2006 }

2. At the request of the bride and groom, marriage registration may take place at their place of residence, at the place of provision of inpatient medical care, or in another place, if they cannot, for good reason, arrive at the state civil status registration authority.

Article 34. Registration of marriage in the presence of the bride and groom↑

1. The presence of the bride and groom at the time of registration of their marriage is mandatory.

2. Registration of marriage through a representative is not allowed.

Article 35. The right to choose a surname upon marriage registration↑

1. The bride and groom have the right to choose the surname of one of them as the joint surname of the spouses or to continue to be called by their pre-marital surnames.

2. The bride and groom have the right to add the groom's or bride's surname to their own surname. If they both wish to have a double surname, their consent determines which surname it will begin with.

The combination of more than two surnames is not allowed, unless otherwise follows from the custom of the national minority to which the bride and (or) groom belong.

3. If at the time of marriage registration the bride's or groom's surname is already double, she or he has the right to replace one part of their surname with the surname of the other.

Article 36. Legal consequences of marriage↑

1. Marriage is the basis for the emergence of rights and obligations of spouses.

2. Marriage cannot be a basis for granting a person privileges or advantages, as well as for restricting his or her rights and freedoms established by the Constitution and laws of Ukraine.

Article 37. Validity of marriage↑

1. Marriage is valid, except for the cases established by parts one - three of Article 39 of this Code, and also if it is not declared invalid by a court decision.

Chapter 5 INVALIDITY OF MARRIAGE↑

Article 38. Grounds for invalidity of marriage↑

1. The grounds for invalidity of a marriage are violation of the requirements established by Articles 22 , 24-26 of this Code.

Article 39. Marriage that is invalid↑

1. A marriage registered with a person who is simultaneously in another registered marriage is invalid.

2. A marriage registered between persons who are relatives in the direct line of kinship, as well as between siblings, is invalid.

3. A marriage registered with a person who has been declared legally incompetent is invalid.

4. Upon the application of a person, the state registration authority shall terminate (declare invalid) the validity of the marriage certificate registered with the persons specified in parts one - three of this article.

{Part Four of Article 39 as amended by Law No. 4017-IX of 10.10.2024 }

5. If the marriage is registered with a person who is already married, then in the event of the termination of the previous marriage before the termination (recognition as invalid) of the act entry regarding the remarriage, the remarriage becomes valid from the moment of termination of the previous marriage.

{Part Five of Article 39 as amended by Law No. 4017-IX of 10.10.2024 }

6. The validity of a marriage certificate shall be terminated (declared invalid) regardless of the death of the persons with whom the marriage was registered ( parts one - three of this article), as well as the dissolution of this marriage.

{Part six of Article 39 as amended by Law No. 4017-IX of 10.10.2024 }

Article 40. Marriage declared invalid by court decision↑

1. A marriage shall be declared invalid by a court decision if it was registered without the free consent of the woman or the man.

A person's consent is not considered free, in particular, if at the time of marriage registration they suffered from a severe mental disorder, were in a state of alcoholic, narcotic, or toxic intoxication, as a result of which they did not fully realize the significance of their actions and (or) could not control them, or if the marriage was registered as a result of physical or mental violence.

2. A marriage shall be declared invalid by a court decision if it is fictitious.

A marriage is fictitious if it is concluded by a woman and a man or one of them without the intention of creating a family and acquiring the rights and obligations of marriage.

3. A marriage may not be declared invalid if, at the time of the court's consideration of the case, the circumstances that indicated the person's lack of consent to marriage or their unwillingness to start a family no longer exist.

Article 41. Marriage that may be declared invalid by court decision↑

1. A marriage may be declared invalid by a court decision if it was registered:

1) between an adoptive parent and a child adopted by him in violation of the requirements established by Part Five of Article 26 of this Code;

{Clause 1 of Part One of Article 41 as amended by Law No. 3250-IV of 20.12.2005 }

2) between cousins, brother and sister; between aunt, uncle and nephew, niece;

3) with a person who concealed his or her serious illness or illness dangerous to the other spouse and (or) their descendants;

4) with a person who has not reached marriageable age and who has not been granted the right to marry.

2. When deciding a case on the recognition of a marriage as invalid, the court shall take into account the extent to which the marriage has violated the rights and interests of the person, the duration of the spouses' cohabitation, the nature of their relationship, as well as other circumstances of significant importance.

3. A marriage may not be declared invalid in the event of pregnancy of the wife or the birth of a child by the persons specified in paragraphs 1, 2, 4 of part one of this article, or if a person who has not reached marriageable age has reached it or has been granted the right to marry.

Article 42. Persons who have the right to apply to the court with a claim for the declaration of marriage invalid↑

1. The right to apply to the court with a claim for the recognition of a marriage as invalid shall be vested in the wife or husband, other persons whose rights have been violated in connection with the registration of this marriage, parents, guardian, custodian of a child, guardian of an incapacitated person, prosecutor, guardianship and trusteeship body, if the rights and interests of a child, a person recognized as incapacitated, or a person whose legal capacity is limited require protection.

Article 43. Recognition of marriage as invalid after its termination↑

1. Divorce, death of a wife or husband is not an obstacle to declaring a marriage invalid.

2. If the marriage is dissolved by a court decision, a claim for its invalidation may be filed only after the court decision on the dissolution of the marriage is annulled.

Article 44. Time from which a marriage is invalid↑

1. In cases provided for in Articles 39-41 of this Code, a marriage is invalid from the date of its state registration.

Article 45. Legal consequences of invalidity of marriage↑

1. An invalid marriage ( Article 39 of this Code), as well as a marriage recognized as invalid by a court decision, shall not be a basis for the persons between whom it was registered to have the rights and obligations of a spouse, as well as the rights and obligations established for spouses by other laws of Ukraine.

2. If during the invalid marriage the persons acquired property, it shall be deemed to belong to them by right of joint partial ownership.

The size of each of their shares is determined according to their participation in the acquisition of this property with their own labor and funds.

3. If a person received alimony from someone with whom he or she was in an invalid marriage, the amount of alimony paid is considered to have been received without sufficient legal grounds and is subject to return in accordance with the Civil Code of Ukraine , but not more than for the last three years.

4. A person who has settled in the residential premises of another person in connection with the registration of an invalid marriage with him/her has not acquired the right to reside there and may be evicted.

5. A person who, in connection with the registration of an invalid marriage, has changed his or her surname shall be deemed to bear this surname without sufficient legal basis.

6. The legal consequences established by parts two to five of this article shall apply to a person who knew about obstacles to marriage registration and concealed them from the other party and (or) from the state civil status registration authority.

Article 46. Special legal consequences of the invalidity of marriage↑

1. If a person did not know and could not have known about the obstacles to marriage registration, he or she has the right:

1) on the division of property acquired in an invalid marriage as joint property of the spouses;

2) to reside in the residential premises in which she settled due to an invalid marriage;

3) for alimony in accordance with Articles 75 , 84 , 86 and 88 of this Code;

4) the surname she chose when registering the marriage.

Article 47. Rights and obligations of parents and a child born in an invalid marriage↑

1. The invalidity of a marriage does not affect the scope of mutual rights and obligations of the parents and the child born in this marriage.

Article 48. Recognition of a marriage as not concluded↑

1. A marriage registered in the absence of the bride and/or groom shall be deemed not to have been concluded. The entry of such a marriage in the state civil status registration body shall be cancelled by a court decision upon application by the interested person.

{Part one of Article 48 as amended by Laws No. 1697-VII of 14.10.2014 , No. 4017-IX of 10.10.2024 }

Chapter 6 PERSONAL NON-PROPERTY RIGHTS AND OBLIGATIONS OF A SPOUSE↑

Article 49. The right to motherhood↑

1. The wife has the right to motherhood.

2. A man's unwillingness to have a child or his inability to conceive a child may be a reason for divorce.

3. Deprivation of a woman of the opportunity to give birth to a child (reproductive function) in connection with her performance of constitutional, official, labor duties or as a result of unlawful behavior towards her is grounds for compensation for moral damage caused to her.

4. A pregnant wife must have conditions created in the family to preserve her health and give birth to a healthy child.

5. The family must create conditions for the wife-mother to combine motherhood with the exercise of other rights and responsibilities.

Article 50. The right to parenthood↑

1. A man has the right to fatherhood.

2. The wife's refusal to bear a child or her inability to bear a child may be a reason for the dissolution of the marriage.

3. Deprivation of a man of the opportunity to exercise his reproductive function in connection with his performance of constitutional, official, or labor duties or as a result of unlawful behavior towards him is grounds for compensation for moral damage caused to him.

Article 51. The right of a wife and husband to respect for their individuality↑

1. A wife and a husband have an equal right to respect for their individuality, their habits and preferences.

Article 52. The right of the wife and husband to physical and spiritual development↑

1. A wife and a husband have an equal right to physical and spiritual development, to receive education, to demonstrate their abilities, and to create conditions for work and rest.

Article 53. The right of a wife and husband to change their surname↑

1. If, upon registration of marriage, the wife and husband retained their premarital surnames, they have the right to submit to the state civil status registration body that registered their marriage, or to the relevant body at their place of residence, an application for choosing the surname of one of them as their joint surname or for joining the surname of the other spouse to their surname.

2. In the event of a change of surname, the state civil registration authority issues a new Marriage Certificate.

Article 54. The right of a wife and husband to divide responsibilities and jointly resolve issues of family life↑

1. Husband and wife have the right to divide responsibilities in the family.

A wife and husband must affirm respect for any work that is done in the interests of the family.

2. All the most important issues of family life should be decided by the spouses together, on the basis of equality. The wife and husband have the right to resist their removal from resolving issues of family life.

3. It is considered that the actions of one of the spouses regarding family life are committed with the consent of the other spouse.

Article 55. The duty of spouses to care for the family↑

1. The wife and husband are obliged to jointly take care of building family relationships between themselves and other family members based on feelings of mutual love, respect, friendship, and mutual assistance.

2. The husband is obliged to establish respect for the mother in the family.

The wife is obliged to establish respect for the father in the family.

3. The wife and husband are responsible to each other and to other family members for their behavior within the family.

4. The wife and husband are obliged to jointly take care of the material security of the family.

Article 56. The right of the wife and husband to liberty and personal integrity↑

{Title of Article 56 as amended by Law No. 524-V of 12/22/2006 }

1. The wife and husband have the right to freely choose their place of residence.

{Part one of Article 56 as amended by Law No. 524-V of 22.12.2006 }

2. The wife and husband have the right to take measures that are not prohibited by law and do not contradict the moral principles of society, regarding the maintenance of marital relations.

3. Each spouse has the right to terminate the marital relationship.

4. Coercion to terminate marital relations, coercion to maintain them, including coercion to engage in sexual intercourse through physical or mental violence, is a violation of the right of the wife or husband to freedom and personal integrity and may have consequences established by law.

{Part Four of Article 56 as amended by Law No. 524-V of 22.12.2006 }

Chapter 7 THE RIGHT TO PERSONAL PRIVATE PROPERTY OF WIFE AND HUSBAND↑

Article 57. Property that is the personal private property of a wife, husband↑

1. The personal private property of a wife or husband is:

1) property acquired by her or him before marriage;

2) property acquired by her or him during the marriage, but on the basis of a gift agreement or by inheritance;

3) property acquired by her or him during the marriage, but with funds that belonged to her or him personally;

4) housing acquired by her or him during the marriage as a result of its privatization in accordance with the Law of Ukraine "On Privatization of the State Housing Fund" ;

{Part one of Article 57 was supplemented by paragraph 4 in accordance with Law No. 4766-VI of 17.05.2012 }

5) a land plot acquired by her or him during the marriage as a result of the privatization of a land plot that was in her or his use, or obtained as a result of the privatization of land plots of state and municipal agricultural enterprises, institutions and organizations, or obtained from lands of state and municipal ownership within the limits of the norms of free privatization determined by the Land Code of Ukraine .

{Part one of Article 57 was supplemented by paragraph 5 in accordance with Law No. 4766-VI of 17.05.2012 }

2. The personal private property of a wife and husband is things for individual use, including jewelry, even when they were purchased with joint funds of the spouses.

3. The personal private property of a wife or husband are the prizes and awards that she or he received for personal merit.

The court may recognize the right of the other spouse to a share of this bonus or award if it is established that he or she contributed to its receipt by his or her actions (running the household, raising children, etc.).

4. The personal private property of a wife or husband is funds received as compensation for the loss (damage) of a thing that belonged to her or him, as well as compensation for moral damage caused to her or him.

5. The personal private property of the wife or husband are payments (insurance payments and redemption payments) received under life and health insurance contracts.

{Part five of Article 57 as amended by Laws No. 524-V of 12/22/2006 , No. 1909-IX of 11/18/2021 }

6. The court may recognize as the personal private property of the wife or husband the property acquired by her or him during their separate residence in connection with the actual termination of the marital relationship.

7. If, in addition to joint funds, funds belonging to one of the spouses were invested in the acquisition of property, then the share in this property, in accordance with the amount of the contribution, is his personal private property.

Article 58. The right to fruits and income from things that are the personal private property of the wife, husband↑

1. If a thing belonging to one of the spouses bears fruit, produces offspring or income (dividends), he is the owner of these fruits, offspring or income (dividends).

Article 59. Exercise by a wife or husband of the right to personal private property↑

1. The spouse who owns the property determines the regime of its ownership and use, taking into account the interests of the family, primarily the children.

2. When disposing of their property, the wife and husband are obliged to take into account the interests of the child and other family members who, in accordance with the law, have the right to use it.

Chapter 8 THE RIGHT OF COMMON PROPERTY OF SPOUSES↑

Article 60. Grounds for acquiring the right to joint property of spouses↑

1. Property acquired by spouses during marriage belongs to the wife and husband by right of joint ownership, regardless of the fact that one of them did not have independent earnings (income) for a valid reason (study, housekeeping, childcare, illness, etc.).

2. It is considered that every thing acquired during the marriage, except for things for individual use, is the object of the right of joint joint property of the spouses.

Article 61. Objects of joint ownership↑

1. The object of the right of joint property of spouses may be any property, except for that excluded from civil turnover.

{Part one of Article 61 as amended by Law No. 524-V of 22.12.2006 }

{For the official interpretation of the provisions of part one of Article 61, see the Decision of the Constitutional Court No. 17-rp/2012 of 19.09.2012 }

2. The object of the right of joint property is the salary, pension, scholarship, and other income received by one of the spouses.

{Part two of Article 61 as amended by Law No. 524-V of 22.12.2006 }

3. If one of the spouses has concluded a contract in the interests of the family, then the money, other property, including fees, winnings, which were received under this contract, are the object of the right of joint joint ownership of the spouses.

4. Items for professional activities (musical instruments, office equipment, medical equipment, etc.) purchased during the marriage for one of the spouses are the object of the right of joint property of the spouses.

{Part five of Article 61 was excluded on the basis of Law No. 4766-VI of 17.05.2012 }

Article 62. Emergence of the right of joint ownership of spouses to property that belonged to the wife, husband↑

1. If the property of the wife or husband has significantly increased in value during the marriage as a result of joint labor or financial expenses or expenses of the other spouse, in the event of a dispute, it may be recognized by a court decision as the object of the right of joint joint property of the spouses.

2. If one of the spouses, through his/her labor and/or funds, participated in the maintenance of property belonging to the other spouse, in the management of this property or in its care, then the income (offspring, dividends) received from this property, in the event of a dispute, may be recognized by a court decision as an object of the right of joint joint property of the spouses.

{Article 62 supplemented by part two in accordance with Law No. 524-V of 22.12.2006 }

Article 63. Exercise by spouses of the right to joint property↑

1. A wife and a husband have equal rights to own, use and dispose of property belonging to them by right of joint ownership, unless otherwise established by agreement between them.

Article 64. The right of spouses to conclude contracts between themselves↑

1. A wife and a husband have the right to conclude all contracts between themselves that are not prohibited by law, both with respect to property that is their personal private property and with respect to property that is the object of the right of joint joint ownership of the spouses.

2. An agreement on the alienation by one of the spouses in favor of the other spouse of his or her share in the right of joint joint property of the spouses may be concluded without the allocation of this share.

Article 65. The right of spouses to dispose of property that is the object of the right of joint ownership of spouses↑

1. The wife and husband shall dispose of the property that is the object of the right of joint ownership of the spouses by mutual consent.

2. When concluding contracts by one of the spouses, it is considered that he acts with the consent of the other spouse. The wife, the husband has the right to apply to the court with a claim to declare the contract invalid as one concluded by the other spouse without her, his consent, if this contract goes beyond the limits of petty household matters.

3. For one spouse to conclude contracts that require notarial certification and (or) state registration, as well as contracts regarding valuable property, the consent of the other spouse must be submitted in writing.

Consent to conclude a contract that requires notarization and (or) state registration must be notarized.

{Paragraph two of part three of Article 65 as amended by Law No. 4824-IX of 03/25/2026 }

4. A contract concluded by one of the spouses in the interests of the family creates obligations for the other spouse if the property received under the contract is used in the interests of the family.

Article 66. The right of spouses to determine the procedure for using property↑

1. Spouses have the right to agree among themselves on the procedure for using property belonging to them under the right of joint ownership.

2. An agreement on the procedure for using a residential building, apartment, other building or structure, or land plot, if notarized, shall be binding on the legal successor of the wife and husband.

Article 67. The right to dispose of a share in property that is the object of the right of joint ownership of spouses↑

1. A wife or husband have the right to conclude with another person a contract of sale, exchange, donation, lifelong maintenance (care), or pledge regarding their share in the right of joint property of the spouses only after its determination and allocation in kind or determination of the procedure for using the property.

2. The wife and husband have the right to make a will for their share in the right of joint property of the spouses before its determination and allocation in kind.

Article 68. Exercise of the right of joint ownership after divorce↑

1. Divorce does not terminate the right of joint ownership of property acquired during the marriage.

2. Disposal of property that is the object of the right of joint joint ownership after the dissolution of marriage is carried out by the co-owners exclusively by mutual consent, in accordance with the Civil Code of Ukraine .

Article 69. The right of spouses to divide property that is the object of the right of joint ownership of spouses↑

1. A wife and husband have the right to divide property belonging to them by right of joint ownership, regardless of the dissolution of the marriage.

2. The wife and husband have the right to divide property by mutual consent.

An agreement on the division of a residential building, apartment, other real estate, as well as on the allocation of real estate to the wife or husband from among all the marital property must be notarized.

Article 70. The size of the shares of the wife's and husband's property when dividing property that is the object of the right of joint joint ownership of the spouses↑

1. In the event of division of property that is the object of the right of joint joint ownership of spouses, the shares of the property of the wife and husband are equal, unless otherwise determined by agreement between them or by the marriage contract.

2. When resolving a dispute over the division of property, the court may depart from the principle of equality of spouses' shares under circumstances of significant importance, in particular if one of them did not care about the material security of the family, evaded participation in the maintenance of the child(ren), hid, destroyed or damaged joint property, or spent it to the detriment of the interests of the family.

{Part two of Article 70 as amended by Law No. 2037-VIII of 17.05.2017 }

3. By court decision, the share of the wife's or husband's property may be increased if children live with her or him, as well as an adult son or daughter who is unable to work, provided that the amount of alimony they receive is insufficient to ensure their physical and spiritual development and treatment.

Article 71. Methods and procedure for dividing property that is the object of the right of joint ownership of spouses↑

1. Property that is the object of the right of joint ownership of spouses shall be divided between them in kind.

If the wife and husband have not agreed on the procedure for dividing property, the dispute may be resolved by court. In doing so, the court takes into account the interests of the wife, husband, children, and other circumstances of material importance.

2. Indivisible property shall be awarded to one of the spouses, unless otherwise determined by agreement between them.

3. Items for professional activities are awarded to the spouse who used them in his or her professional activities. The value of these items is taken into account when awarding other property to the other spouse.

4. Awarding monetary compensation to one of the spouses instead of his share in the right of joint joint ownership of property, in particular a residential building, apartment, land plot, is allowed only with his consent, except for cases provided for by the Civil Code of Ukraine .

5. Awarding monetary compensation to one of the spouses is possible provided that the other spouse has previously deposited the corresponding amount of money into the court's deposit account.

Article 72. Application of the statute of limitations to claims for the division of property that is the object of the right of joint ownership of spouses↑

1. The statute of limitations does not apply to claims for the division of property that is the object of the right of joint ownership of spouses, if the marriage between them has not been dissolved.

2. A three-year statute of limitations applies to a claim for division of property filed after a divorce.

The statute of limitations is calculated from the day one of the co-owners learned or could have learned about the violation of his property rights.

Article 73. Imposition of a lien on property that is the object of the right of joint ownership of spouses↑

1. For the obligations of one of the spouses, enforcement may be imposed only on his personal property and on the share in the right of joint joint property of the spouses, which is allocated to him in kind.

2. A lien may be imposed on property that is the joint property of spouses if the court establishes that the contract was concluded by one of the spouses in the interests of the family and that what was received under the contract was used for its needs.

3. When compensating for damage caused by a criminal offense committed by one of the spouses, the penalty may be imposed on property acquired during the marriage if the court decision establishes that this property was acquired with funds obtained as a result of committing a criminal offense.

{Part Three of Article 73 as amended by Law No. 245-VII of May 16, 2013 }

Article 74. The right to property of a woman and a man living in the same family but not married to each other or in any other marriage↑

{Title of Article 74 as amended by Law No. 524-V of 22.12.2006 }

1. If a woman and a man live in the same family, but are not married to each other or in any other marriage, the property acquired by them during their cohabitation belongs to them by right of joint ownership, unless otherwise established by a written agreement between them.

of Chapter 8 of this Code shall apply to property that is the object of the right of joint ownership of a woman and a man who are not married to each other or in any other marriage.

{Article 74 as amended by Law No. 524-V of 22.12.2006 }

Chapter 9 RIGHTS AND OBLIGATIONS OF A SPOUSE FOR MAINTENANCE↑

Article 75. The right of one of the spouses to maintenance↑

1. Husband and wife must support each other financially.

2. The spouse who is unable to work and needs financial assistance has the right to maintenance (alimony), provided that the other spouse can provide financial assistance.

3. A spouse who has reached the retirement age established by law or is a person with a disability of group I, II or III is considered incapable of work.

/*4. {Part four of Article 75 was recognized as not complying with the Constitution of Ukraine (is unconstitutional), according to the Decision of the Constitutional Court No. 1-r/2024 dated 29.10.2024 } One of the spouses is in need of material assistance if the salary, pension, income from the use of his property, other income do not provide him with the subsistence minimum established by law.*/

5. The spouse who behaved unworthy in marital relations, as well as the spouse who became incapacitated due to committing an intentional criminal offense, if this is established by the court, does not have the right to maintenance.

{Part Five of Article 75 as amended by Law No. 720-IX of June 17, 2020 }

6. The spouse who has become incapacitated due to the unlawful behavior of the other spouse has the right to maintenance regardless of the right to compensation for damage in accordance with the Civil Code of Ukraine .

Article 76. Right to maintenance after divorce↑

1. The dissolution of a marriage does not terminate a person's right to maintenance that arose during the marriage.

2. After the dissolution of marriage, a person has the right to maintenance if he or she became incapable of work before the dissolution of marriage or within one year from the date of the dissolution of marriage and needs financial assistance and if his or her former husband or former wife can provide financial assistance.

A person is entitled to maintenance even if they become disabled after one year from the date of divorce, if their disability was the result of unlawful conduct towards them by their ex-husband or ex-wife during the marriage.

3. If at the time of divorce, a woman or a man has no more than five years left before reaching the retirement age established by law, she or he will have the right to maintenance after reaching this retirement age, provided that they have lived together in marriage for at least ten years.

4. If, due to raising a child, running a household, caring for family members, illness or other circumstances of significant importance, one of the spouses was unable to obtain an education, work, or hold a relevant position, he or she has the right to maintenance in connection with the dissolution of the marriage even if he or she is able to work, provided that he or she needs financial assistance and that the former husband or wife can provide financial assistance.

The right to maintenance in this case lasts for three years from the date of divorce.

Article 77. Methods of providing maintenance to one of the spouses↑

1. Maintenance to one of the spouses shall be provided by the other spouse in kind or in cash upon their consent.

2. By court decision, alimony is awarded to one of the spouses, usually in cash.

3. Alimony is paid monthly. By mutual agreement, alimony may be paid in advance.

4. If the alimony payer leaves for permanent residence in a state with which Ukraine does not have an agreement on the provision of legal assistance, alimony may be paid in advance for a period determined by agreement between the spouses, and in the event of a dispute - by court decision.

Article 78. Marital agreement on maintenance↑

1. Spouses have the right to conclude an agreement on the provision of maintenance to one of them, which determines the conditions, amount and terms of payment of alimony. The agreement shall be concluded in writing and notarized.

2. In the event of failure by one of the spouses to fulfill their obligation under the maintenance agreement, alimony may be collected on the basis of a notary's executive inscription.

Article 79. Time during which alimony is paid to one of the spouses↑

1. Alimony is awarded by court decision from the date of filing the statement of claim.

2. If the plaintiff took measures to obtain alimony from the defendant, but could not receive it due to the defendant's evasion of payment, the court, depending on the circumstances of the case, may issue a decision to recover alimony for the past period, but not more than one year.

3. If one of the spouses receives alimony due to disability, the payment of alimony shall continue for the duration of the disability. In the event of submission of a relevant document on the extension of the disability period, the collection of alimony shall be continued for the relevant period without an additional court decision on this.

Article 80. Determination of the amount of alimony for one of the spouses by court decision↑

1. Alimony is awarded to one of the spouses as a share of the earnings (income) of the other spouse and (or) in a fixed monetary amount.

2. The court shall determine the amount of alimony for one of the spouses, taking into account the possibility of obtaining maintenance from the adult daughter, son, parents, and taking into account other circumstances of significant importance.

3. The amount of alimony determined by the court may be subsequently changed by court decision upon the application of the payer or recipient of alimony in the event of a change in their financial and (or) marital status.

Article 81. Types of income taken into account when determining the amount of alimony↑

1. The list of types of income taken into account when determining the amount of alimony for one of the spouses, children, parents, and other persons is approved by the Cabinet of Ministers of Ukraine.

Article 82. Termination of the right of one of the spouses to maintenance↑

1. The right of one of the spouses to maintenance, as well as the right to maintenance that a person has after the dissolution of marriage, shall be terminated in the event of the restoration of his or her working capacity, as well as the registration of a remarriage with him or her.

The right to maintenance shall cease from the date of occurrence of these circumstances.

2. If, after the termination of the right to withhold the execution of the court decision on the collection of alimony, all amounts received as alimony shall be deemed to have been received without sufficient legal basis and shall be subject to full repayment, but not more than within three years.

3. The right of one of the spouses to alimony, which was awarded by a court decision, may be terminated by a court decision if it is established that:

1) the recipient of alimony has ceased to need financial assistance;

2) the alimony payer is unable to provide financial assistance.

4. The right of one of the spouses to maintenance shall be terminated in the cases provided for in Articles 83 , 85 , 87 and 89 of this Code.

Article 83. Deprivation of the right to maintenance or limitation of its term↑

1. A court decision may deprive one of the spouses of the right to maintenance or limit its term if:

1) the spouses were in a marital relationship for a short time;

2) the incapacity of the spouse who needs financial assistance arose as a result of his/her commission of an intentional criminal offense;

{Clause 2 of Part One of Article 83 as amended by Law No. 720-IX of June 17, 2020 }

3) the disability or serious illness of the spouse who needs financial assistance was concealed from the other spouse when registering the marriage;

4) the recipient of alimony knowingly placed himself in a position of needing financial assistance.

2. The provisions of this article shall also apply to persons whose right to alimony arose after the dissolution of the marriage.

Article 84. The wife's right to maintenance during pregnancy and in the event of a child living with her↑

1. A wife has the right to maintenance from her husband during pregnancy.

2. The wife with whom the child lives has the right to maintenance from the husband - the father of the child until the child reaches the age of three.

3. If a child has physical or mental developmental disabilities, the wife with whom the child lives has the right to maintenance from her husband until the child reaches the age of six.

4. A pregnant wife, as well as a wife with whom a child lives, has the right to maintenance regardless of whether she works or not, and regardless of her financial situation, provided that the husband can provide financial assistance.

5. Alimony awarded to a wife during pregnancy shall be paid after the birth of the child without an additional court decision.

6. The pregnant wife, as well as the wife with whom the child lives, has the right to maintenance even in the event of a divorce.

Article 85. Termination of the wife's right to maintenance↑

1. The wife's right to maintenance, provided for in Article 84 of this Code, shall terminate in the event of termination of pregnancy, stillbirth of a child, or if the child is transferred to another person for upbringing, as well as in the event of the child's death.

2. The wife's right to maintenance is terminated if, by court decision, information about the husband as the father is excluded from the child's birth certificate.

Article 86. The husband's right to maintenance if a child lives with him↑

1. A man with whom a child lives has the right to maintenance from his wife - the child's mother until the child reaches the age of three.

2. If a child has physical or mental developmental disabilities, the man with whom the child lives has the right to maintenance from his wife until the child reaches the age of six.

3. The right to maintenance is granted to the husband with whom the child lives, regardless of whether he works or not, and regardless of his financial situation, provided that the wife can provide financial assistance.

4. The spouse with whom the child lives has the right to maintenance even after the divorce.

Article 87. Termination of the husband's right to maintenance↑

1. The husband's right to maintenance, provided for in Article 86 of this Code, shall terminate if the child is transferred to another person for upbringing, as well as in the event of the child's death.

2. The husband's right to maintenance shall be terminated if, by court decision, information about the wife as the mother is excluded from the birth certificate of the child.

Article 88. The right to maintenance of the spouse with whom a child with a disability lives↑

1. If one of the spouses, including the able-bodied one, lives with and takes care of a disabled child who cannot do without constant external care, he has the right to maintenance provided that the other spouse can provide financial assistance.

The right to maintenance lasts throughout the entire period of living with and caring for a child with a disability and does not depend on the financial situation of the parent with whom the child lives.

2. The amount of alimony for the spouse with whom the disabled child lives is determined by a court decision in accordance with part one of Article 80 of this Code, without taking into account the possibility of receiving alimony from their parents, adult daughter or son.

Article 89. Termination of the right to maintenance by agreement of the spouses↑

1. Spouses, as well as persons whose marriage has been dissolved, have the right to conclude an agreement on the termination of the right to maintenance in exchange for the acquisition of ownership of a residential building, apartment or other real estate or the receipt of a lump sum payment.

The contract under which real estate is transferred into ownership must be notarized. The right of ownership to real estate transferred under such a contract arises from the moment of state registration of this right in accordance with the law.

{Paragraph two of part one of Article 89 as amended by Law No. 402-VII of 04.07.2013 }

2. If persons have agreed to terminate the right to maintenance in connection with the receipt of a lump sum payment, the agreed amount of money must be deposited into the deposit account of a notary office or a private notary prior to the certification of the agreement.

{Part two of Article 89 as amended by Law No. 2435-VI of 06.07.2010 }

3. Property received on the basis of an agreement on termination of the right to maintenance may not be subject to seizure.

Article 90. Mutual participation of wife and husband in treatment expenses↑

1. The wife and husband are mutually obliged to share in the expenses associated with the illness or disability of the other spouse.

Article 91. The right to maintenance of a woman and a man who are not married to each other↑

1. If a woman and a man who are not married to each other have lived together as a family for a long time, the one of them who became incapacitated during their joint residence has the right to maintenance in accordance with Article 76 of this Code.

2. A woman and a man who are not married to each other have the right to maintenance if their child lives with her or him, in accordance with parts two - four of Article 84 and Articles 86 and 88 of this Code.

3. The right of a woman and a man to maintenance shall be terminated on the grounds established by paragraphs 2 and 4 of Article 83 , Articles 85 , 87 and 89 of this Code.

Chapter 10 MARRIAGE CONTRACT↑

Article 92. The right to conclude a marriage contract↑

1. A marriage contract may be concluded by persons who have submitted an application for marriage registration, as well as by spouses.

2. To conclude a marriage contract before marriage registration, if the party is a minor, the written consent of his or her parents or guardian, certified by a notary, is required.

Article 93. Contents of the marriage contract↑

1. The marriage contract regulates the property relations between spouses and determines their property rights and obligations.

2. A marriage contract may determine the property rights and obligations of the spouses as parents.

3. A marriage contract cannot regulate the personal relations of the spouses, as well as the personal relations between them and their children.

4. A marriage contract may not reduce the scope of the child's rights established by this Code, nor may it place one of the spouses in an extremely disadvantageous financial position.

5. Under a marriage contract, real estate and other property, the right to which is subject to state registration, may not be transferred to one of the spouses.

Article 94. Form of marriage contract↑

1. A marriage contract shall be concluded in writing and notarized.

Article 95. Commencement of the marriage contract↑

1. If a marriage contract is concluded before the registration of the marriage, it shall enter into force on the day of registration of the marriage.

2. If a marriage contract is concluded by the spouses, it shall enter into force on the day of its notarial certification.

Article 96. Term of validity of the marriage contract↑

1. A marriage contract may establish the general term of its validity, as well as the terms of duration of individual rights and obligations.

2. A marriage contract may establish the validity of the contract or its individual conditions even after the termination of the marriage.

Article 97. Definition of the legal regime of property in a marriage contract↑

1. The marriage contract may specify the property that the wife or husband transfers for use for the common needs of the family, as well as the legal regime of property donated to the spouses in connection with the registration of the marriage.

of Article 60 of this Code to property acquired by them during the marriage and to consider it as joint partial property or the personal private property of each of them.

3. The parties may agree on a possible procedure for dividing property, including in the event of divorce.

4. In a marriage contract, the parties may provide for the use of property belonging to both of them or to one of them to meet the needs of their children, as well as other persons.

5. The parties may include in the marriage contract any other conditions regarding the legal regime of property, if they do not contradict the moral principles of society.

Article 98. Determination in the marriage contract of the procedure for using housing↑

1. If, in connection with the conclusion of marriage, one of the spouses moves into a residential premises belonging to the other spouse, the parties may agree in the marriage contract on the procedure for using it. The spouses may agree on the vacating of the residential premises by the spouse who moved into it in the event of dissolution of the marriage, with or without payment of monetary compensation.

2. The parties may agree on the residence of their relatives in a residential premises owned by one of them or jointly owned by them.

Article 99. Definition of the right to maintenance in a marriage contract↑

1. The parties may agree to provide maintenance to one of the spouses, regardless of incapacity for work and need for financial assistance, on the terms specified in the marriage contract.

2. If the marriage contract specifies the conditions, amount, and terms of payment of alimony, then in the event of failure by one of the spouses to fulfill their obligations under the contract, alimony may be collected on the basis of a notary's executive inscription.

3. A marriage contract may establish the possibility of terminating the right to maintenance of one of the spouses in connection with his receipt of property (monetary) compensation.

Article 100. Changing the terms of the marriage contract↑

1. Unilateral changes to the terms of a marriage contract are not permitted.

2. The marriage contract may be amended by the spouses. The agreement to amend the marriage contract shall be notarized.

3. At the request of one of the spouses, the marriage contract may be amended by a court decision if this is required by his or her interests, the interests of the children, as well as the incapacitated adult daughter or son, which are of significant importance.

Article 101. The right to renounce a marriage contract↑

1. Unilateral refusal of a marriage contract is not permitted.

2. The spouses have the right to renounce the marriage contract. In such a case, at the choice of the spouses, the rights and obligations established by the marriage contract shall cease from the moment of its conclusion or on the day of submitting an application for renunciation to a notary.

{Article 101 as amended by Law No. 524-V of 22.12.2006 }

Article 102. Termination of marriage contract↑

1. At the request of one of the spouses, a marriage contract may be terminated by a court decision for reasons of substantial importance, in particular in the event of its impossibility of execution.

Article 103. Recognition of a marriage contract as invalid↑

1. A marriage contract, at the request of one of the spouses or another person whose rights and interests are violated by this contract, may be declared invalid by a court decision on the grounds established by the Civil Code of Ukraine .

Chapter 11 TERMINATION OF MARRIAGE↑

Article 104. Grounds for termination of marriage↑

1. Marriage is terminated due to the death of one of the spouses or their declaration as deceased.

2. Marriage is terminated by its dissolution.

3. If one of the spouses dies before the court decision on the dissolution of marriage enters into force, the marriage is considered to have ended as a result of his death.

4. If on the day the court decision on divorce enters into force, one of the spouses dies, the marriage is considered to have ended as a result of its dissolution.

Article 105. Termination of marriage due to its dissolution↑

1. Marriage shall be terminated as a result of its dissolution upon a joint application of the spouses in accordance with Article 106 or of one of them in accordance with Article 107 of this Code.

{Part one of Article 105 as amended by Law No. 524-V of 22.12.2006 }

2. Marriage shall be terminated as a result of its dissolution upon a joint application of the spouses on the basis of a court decision, in accordance with Article 109 of this Code.

3. Marriage is terminated as a result of its dissolution at the request of one of the spouses on the basis of a court decision, in accordance with Article 110 of this Code.

Article 106. Dissolution of marriage by the state civil registration authority upon application of a spouse who does not have children↑

1. A spouse who does not have children has the right to file an application for divorce with the state civil status registration authority.

If one of the spouses, for a good reason, cannot personally submit an application for divorce to the state civil status registration authority, such an application, notarized or equivalent, may be submitted on his behalf by the other spouse.

{Part one of Article 106 is supplemented with a paragraph in accordance with Law No. 524-V of 22.12.2006 }

2. The state civil registration authority shall draw up a record of the dissolution of marriage after the expiration of one month from the date of submission of such an application, unless it has been withdrawn.

{Part two of Article 106 as amended by Law No. 2398-VI of 01.07.2010 }

3. The marriage is dissolved regardless of the existence of a property dispute between the spouses.

Article 107. Dissolution of marriage by the state civil registration authority upon application of one of the spouses↑

1. A marriage shall be dissolved by the state civil registration authority upon application by one of the spouses if the other spouse:

1) declared missing;

2) is declared incompetent.

{Clause 3 of Part One of Article 107 was excluded on the basis of Law No. 2398-VI of 01.07.2010 }

2. The marriage is dissolved regardless of the existence of a property dispute between the spouses.

Article 108. Recognition of a marriage dissolution as fictitious↑

1. Upon application by an interested person, a divorce carried out in accordance with the provisions of Article 106 of this Code may be recognized by the court as fictitious if it is established that the woman and the man continued to live as one family and did not intend to terminate the marital relationship.

{Paragraph one of part one of Article 108 as amended by Law No. 2398-VI of 01.07.2010 }

Based on the court decision, the marriage dissolution record and the Marriage Dissolution Certificate are canceled by the state civil status registration authority.

{Paragraph two of part one of Article 108 as amended by Law No. 4017-IX of 10.10.2024 }

Article 109. Divorce by court decision upon joint application of spouses who have children↑

1. A couple who has children has the right to file a petition for divorce with the court, together with a written agreement on which of them the children will live with, what participation the parent who will live separately will take in ensuring their living conditions, as well as on the conditions for exercising his right to personal upbringing of the children.

2. The agreement between the spouses on the amount of child support must be notarized. In the event of non-fulfillment of this agreement, child support may be collected on the basis of a notary's executive order.

3. The court shall issue a decision on the dissolution of marriage if it is established that the application for the dissolution of marriage corresponds to the true will of the wife and husband and that after the dissolution of the marriage their personal and property rights, as well as the rights of their children, will not be violated.

4. The court shall issue a decision on the dissolution of marriage after the expiration of one month from the date of filing the application. Before the expiration of this period, the wife and the husband have the right to withdraw the application for the dissolution of marriage.

Article 110. The right to file a lawsuit for divorce↑

1. A lawsuit for divorce may be filed by one of the spouses.

{Part two of Article 110 was excluded on the basis of Law No. 4073-IX of 20.11.2024 }

{Part three of Article 110 was excluded on the basis of Law No. 4073-IX of 20.11.2024 }

{Part four of Article 110 was excluded on the basis of Law No. 4073-IX of 20.11.2024 }

5. The guardian has the right to file a lawsuit for divorce if the interests of the spouse who has been recognized as incompetent so require.

Article 111. Court measures for reconciliation of spouses↑

1. The court shall take measures to reconcile the spouses, unless this contradicts the moral principles of society.

2. If one of the spouses has committed domestic violence, regardless of the status of the initiated criminal proceedings, civil case or administrative offense case regarding domestic violence, measures to reconcile the spouses shall not be taken.

{Article 111 is supplemented by part two in accordance with the Law No. 4073-IX dated 20.11.2024 }

Article 112. Grounds for dissolution of marriage at the request of one of the spouses↑

1. The court shall ascertain the actual relationship between the spouses, the valid reasons for the lawsuit for divorce, take into account the presence of a minor child, a child with a disability, and other circumstances of the spouses' lives.

2. The court shall issue a decision on the dissolution of marriage if it is established that the further joint life of the spouses and the preservation of the marriage would contradict the interests of one of them, the interests of their children, which are of significant importance.

Article 113. The right to choose a surname after divorce↑

1. A person who has changed his or her surname in connection with the registration of marriage has the right, after the dissolution of the marriage, to continue to bear this surname or to restore his or her pre-marital surname.

Article 114. The moment of termination of marriage in the event of its dissolution↑

1. In the event of a divorce by the state civil status registration authority, the marriage shall be terminated on the day of registration of the divorce.

{Part one of Article 114 as amended by Law No. 524-V of 22.12.2006 }

2. In the event of a divorce by a court, the marriage shall be terminated on the day the court decision on the divorce comes into force.

Article 115. State registration of divorce↑

1. Divorce, carried out in accordance with the procedure provided for in Articles 106 and 107 of this Code, must be registered with the state civil status registration authority.

2. The court decision on the dissolution of marriage, after it enters into legal force, is sent by the court to the state registration body of civil status acts at the place of adoption of the decision for entering information into the State Register of Civil Status Acts of Citizens and making a note in the marriage record.

3. Divorce, carried out by the state civil status registration authorities, is certified by a Certificate of Divorce, the sample of which is approved by the Cabinet of Ministers of Ukraine.

The document certifying the fact of divorce by a court is a court decision on divorce that has entered into legal force.

{Article 115 as amended by Law No. 2398-VI of 01.07.2010 }

Article 116. The right to remarry after divorce↑

1. After the dissolution of marriage and receipt of a Certificate of Divorce or a court decision that has entered into legal force, a person has the right to remarry.

{Part one of Article 116 as amended by Law No. 2398-VI of 01.07.2010 }

{Article 117 was excluded on the basis of Law No. 524-V of 22.12.2006 }

Article 118. Renewal of marriage in the event of the appearance of a person who was declared dead or recognized as missing↑

1. If a person who was declared dead appears and the relevant court decision and death certificate are annulled, his or her marriage to another person shall be renewed, provided that neither spouse is remarried.

{Part one of Article 118 as amended by Laws No. 524-V of 12/22/2006 , No. 4017-IX of 10/10/2024 }

2. If a person who was declared missing has appeared and the relevant court decision has been annulled, his or her marriage to another person may be renewed upon their application, provided that neither of them is remarried.

3. In the case provided for in part two of this article, the state civil status registration authority shall cancel the record of the dissolution of marriage and the corresponding certificate issued on its basis.

{Part Three of Article 118 as amended by Law No. 524-V of 22.12.2006 ; as amended by Law No. 4017-IX of 10.10.2024 }

Article 119. Establishment of a regime of separate residence of spouses↑

1. Upon the application of the spouses or the claim of one of them, the court may issue a decision establishing a regime of separate residence for the spouses in the event of the impossibility or unwillingness of the wife and (or) husband to live together.

2. The separate residence regime shall be terminated in the event of the resumption of family relations or by court decision based on the application of one of the spouses.

Article 120. Legal consequences of establishing a regime of separate residence of spouses↑

1. The establishment of a separate residence regime does not terminate the rights and obligations of spouses established by this Code and which the wife and husband had prior to the establishment of this regime, as well as the rights and obligations established by the marriage contract.

2. In the event of establishing a separate residence regime:

1) property acquired in the future by the wife and husband will not be considered acquired during the marriage;

2) A child born to a wife after the expiration of ten months shall not be considered to have originated from her husband.

{Clause 3 of Part Two of Article 120 was excluded on the basis of Law No. 524-V of 22.12.2006 }

Chapter III RIGHTS AND OBLIGATIONS OF MOTHER, FATHER AND CHILD↑

Chapter 12 DETERMINING THE ORIGIN OF A CHILD↑

Article 121. General grounds for the emergence of rights and obligations of mother, father and child↑

1. The rights and obligations of the mother, father and child are based on the child's parentage from them, certified by the state civil status registration authority in accordance with the procedure established by Articles 122 and 125 of this Code.

Article 122. Determination of the origin of a child from a mother and father who are married to each other↑

1. A child conceived and/or born in marriage is born of the spouses.

The origin of a child from a spouse is determined on the basis of the Marriage Certificate and a document from a healthcare institution stating that the child was born by the spouse.

2. A child born within ten months of the termination or annulment of a marriage shall be considered a child of the spouses.

{Part two of Article 122 as amended by Law No. 524-V of 22.12.2006 }

3. Spouses, as well as a woman and a man whose marriage has been terminated, in the event of the birth of a child before the expiration of ten months after the termination of their marriage, have the right to submit to the state civil status registration authority a joint application for non-recognition of the husband (ex-husband) as the father of the child. Such a requirement may be satisfied only if another person and the mother of the child submit an application for recognition of paternity.

If the child was born before the expiration of ten months from the date of termination of the marriage due to the death of the husband, the child's paternity may be determined upon a joint application by the mother and the husband who considers himself the father.

{Part three of Article 122 as amended by Law No. 524-V of 22.12.2006 }

Article 123. Determination of the origin of a child born as a result of the use of assisted reproductive technologies↑

1. In the event of the birth of a child by a wife conceived as a result of the use of assisted reproductive technologies, carried out with the written consent of her husband, he shall be recorded as the father of the child.

2. In the case of the transfer of a human embryo conceived by a couple (a man and a woman) as a result of the use of assisted reproductive technologies into the body of another woman, the parents of the child are the couple.

{Part two of Article 123 as amended by Law No. 3760-VI of 20.09.2011 }

3. A spouse is recognized as the parents of a child born to the wife after the transfer into her body of a human embryo conceived by her husband and another woman as a result of the use of assisted reproductive technologies.

{Article 123 as amended by Law No. 524-V of 22.12.2006 }

Article 124. Determination of the origin of a child from the father in the event of registration of a remarriage with his mother↑

1. If a child is born before the expiration of ten months from the date of termination of the marriage or recognition of the marriage as invalid, but after the registration of the remarriage of its mother with another person, it is considered that the father of the child is the husband of its mother in the remarriage.

The paternity of a previous spouse may be determined based on his joint application with the spouse in the remarriage or by court order.

Article 125. Determination of the origin of a child whose parents are not married to each other↑

1. If the mother and father of the child are not married to each other, the origin of the child from the mother is determined on the basis of a document from a healthcare institution stating that the child was born by her.

2. If the mother and father of the child are not married to each other, the child's origin from the father is determined:

1) upon application of the mother and father of the child;

{Clause 2 of Part Two of Article 125 was excluded on the basis of Law No. 2398-VI of 01.07.2010 }

3) by court decision.

Article 126. Determination of the origin of a child from the father upon the application of a woman and a man who are not married to each other↑

1. The paternity of a child shall be determined by a declaration of a woman and a man who are not married to each other. Such a declaration may be submitted both before and after the birth of the child to the state civil status registration authority.

2. If the application for recognition of oneself as the father of a child is submitted by a minor, the state civil status registration body shall notify the parents, guardian, or custodian of the minor about his/her registration as the father of the child. If it is impossible to notify the parents, guardian, or custodian of the minor, the state civil status registration body shall notify the guardianship and trusteeship body about the registration of the minor as the father of the child.

{Part two of Article 126 as amended by Law No. 524-V of 22.12.2006 }

3. If the application for recognition of paternity cannot be submitted in person, it may be submitted through a representative or sent by mail, provided that it is notarized. The representative's authority must be notarized.

{Part Three of Article 126 as amended by Law No. 524-V of 22.12.2006 }

{Article 127 was excluded on the basis of Law No. 2398-VI of 01.07.2010 }

Article 128. Recognition of paternity by court decision↑

1. In the absence of an application, the right to submit which is established by Article 126 of this Code, paternity of a child may be recognized by a court decision.

{Part one of Article 128 as amended by Law No. 2398-VI of 01.07.2010 }

2. The basis for recognizing paternity is any information certifying the origin of the child from a specific person, collected in accordance with the Civil Procedure Code of Ukraine .

3. A lawsuit for recognition of paternity may be filed by the mother, guardian, custodian of the child, the person who maintains and raises the child, as well as by the child himself who has reached the age of majority.

A lawsuit for recognition of paternity may be filed by a person who considers himself the father of a child.

4. A lawsuit for recognition of paternity shall be accepted by the court if an entry about the child's father in the Birth Registration Book is made in accordance with Part One of Article 135 of this Code.

Article 129. Paternity dispute between the husband of the child's mother and a person who considers himself the father of the child↑

1. A person who considers himself the father of a child born to a woman who was married to another man at the time of the child's conception or birth has the right to file a lawsuit against her husband, if he is registered as the child's father, for recognition of his paternity.

2. A one-year statute of limitations applies to a claim for recognition of paternity, which begins on the day the person learned or could have learned of his or her paternity.

Article 130. Establishment of paternity by court decision↑

1. In the event of the death of a man who was not married to the child's mother, the fact of his paternity may be established by court decision.

An application to establish paternity shall be accepted by the court if an entry about the child's father in the Birth Registration Book is made in accordance with Part One of Article 135 of this Code.

2. An application for establishing the fact of paternity may be filed by the persons specified in part three of Article 128 of this Code.

Article 131. Recognition of maternity by court decision↑

1. A person who considers herself the mother of a child may file an application with the court for recognition of her maternity if a record of the child's mother was made in accordance with part two of Article 135 of this Code.

Article 132. Establishment of the fact of maternity by court decision↑

1. In the event of the death of a woman who considered herself the mother of a child, the fact of her motherhood may be established by court decision.

An application to establish the fact of maternity shall be accepted by the court if an entry about the child's mother in the Birth Registration Book has been made in accordance with Part Two of Article 135 of this Code.

2. An application to establish the fact of maternity may be filed by the father, guardian, custodian of the child, the person who maintains and raises the child, as well as by the child himself who has reached the age of majority.

Article 133. Registration of marriage by the parents of a child↑

1. If a child is born to a married couple, the wife is recorded as the mother, and the husband is recorded as the father of the child.

Article 134. Making changes to the birth certificate in case of recognition of paternity or maternity↑

1. Based on the applications of the persons specified in Article 126 of this Code or a court decision, the state civil registration authority shall make appropriate changes to the birth record drawn up by the state civil registration authorities of Ukraine and issue a new Birth Certificate.

{Article 134 as amended by Law No. 2398-VI of 01.07.2010 }

Article 135. Record of the child's parents if paternity or maternity has not been established↑

1. When a child is born to an unmarried mother, in cases where there is no joint statement of the parents, a statement of the father, or a court decision, an entry about the child's father in the Birth Registration Book is made using the mother's surname and citizenship, and the child's father's first name and patronymic are recorded at her direction.

{Paragraph one of part one of Article 135 as amended by Law No. 2398-VI of 01.07.2010 }

In the event of the death of the mother, as well as if it is impossible to establish her place of residence or stay, a record of the mother and father of the child shall be kept in accordance with this article, upon application by relatives, other persons or an authorized representative of the healthcare institution in which the child was born.

{Paragraph two of part one of Article 135 as amended by Law No. 1276-VI of April 16, 2009 }

2. If the child's parents are unknown, state registration of his or her birth is carried out by decision of the guardianship and trusteeship body, which determines the child's surname, first name, patronymic and information about the parents.

{Part two of Article 135 as amended by Law No. 2398-VI of 01.07.2010 }

Article 136. Disputing paternity by a person who is recorded as the child's father↑

1. A person who is recorded as the father of a child in accordance with Articles 122 , 124 , 126 and 127 of this Code has the right to dispute his paternity by filing a lawsuit to exclude the entry about him as the father from the birth certificate of the child.

2. If it is proven that there is no blood relationship between the person who is recorded as the father and the child, the court shall issue a decision to exclude information about the person as the father of the child from the birth certificate.

3. Paternity can only be contested after the birth of the child and before the child reaches the age of majority.

4. Disputing paternity is impossible in the event of the death of the child.

5. A person registered as the father of a child, if at the time of registration as the father of the child he knew that he was not the father, as well as a person who gave consent to the use of assisted reproductive technologies in accordance with part one of Article 123 of this Code, shall not have the right to contest paternity.

{Part five of Article 136 as amended by Law No. 524-V of 22.12.2006 }

6. The statute of limitations does not apply to a man's claim to exclude his record as the father from the child's birth certificate.

Article 137. Disputing paternity after the death of a person who is recorded as the child's father↑

1. If the person who is recorded as the father of a child died before the birth of the child, his heirs have the right to dispute his paternity, provided that he submits a statement to a notary during his lifetime about the non-recognition of his paternity.

2. If the person recorded as the child's father died after he filed a lawsuit to remove his name as the father from the child's birth certificate, his heirs may support the lawsuit in court.

3. If, for good reason, a person did not know that he was registered as the father of a child and died, his heirs may dispute paternity: his wife, parents, and children.

4. The statute of limitations does not apply to a claim to exclude a record of a person as the father of a child from the birth certificate.

Article 138. The right of the child's mother to challenge the paternity of her husband↑

1. A woman who gave birth to a child in marriage has the right to challenge the paternity of her husband by filing a lawsuit to exclude the entry about him as the father of the child from the birth certificate.

{Part one of Article 138 as amended by Law No. 3497-IV of 23.02.2006 }

2. The mother's request to exclude the entry about her husband as the father of the child from the birth certificate may be satisfied only if another person submits a statement of paternity.

3. The mother's claim to amend the child's birth certificate is subject to a one-year statute of limitations, which begins on the day the child's birth is registered.

Article 139. Dispute about maternity↑

1. A woman who is registered as the mother of a child may dispute her motherhood.

2. A woman who considers herself the mother of a child has the right to file a lawsuit against the woman who is registered as the mother of the child for recognition of her maternity. Disputing maternity is not allowed in cases provided for in parts two and three of Article 123 of this Code.

3. A one-year statute of limitations shall be established for a claim for recognition of maternity, which shall begin from the day on which the person learned or could have learned that she is the mother of the child.

Article 140. Disputing the paternity or maternity of a person who pays alimony by court decision↑

1. The collection of child support from a person who is recorded as the father or mother is not an obstacle to filing a lawsuit with the court to exclude information about him or her as the father or mother of the child from the birth certificate.

Chapter 13 PERSONAL NON-PROPERTY RIGHTS AND OBLIGATIONS OF PARENTS AND CHILDREN↑

Article 141. Equality of rights and obligations of parents towards the child↑

1. The mother and father have equal rights and obligations towards the child, regardless of whether they were married to each other.

2. The dissolution of the marriage between the parents, their living separately from the child does not affect the scope of their rights and does not exempt them from their obligations towards the child, except for the case provided for in part five of Article 157 of this Code.

{Part two of Article 141 as amended by Law No. 2234-VIII of 07.12.2017 }

Article 142. Equality of rights and obligations of children towards their parents↑

1. Children have equal rights and obligations towards their parents, regardless of whether their parents were married to each other.

Article 143. Obligation of parents to pick up a child from a maternity hospital or other healthcare facility↑

1. The mother and father of a child who are married are obliged to pick up the child from the maternity hospital or other healthcare facility.

2. An unmarried mother is obliged to pick up the child from the maternity hospital or other healthcare facility.

A father who is not married to the mother of a child, whose paternity is determined in the child's birth certificate or recognized by a court decision, is obliged, upon notification of the children's service, carried out in accordance with the procedure determined by the Cabinet of Ministers of Ukraine, to take the child for maintenance and upbringing from the maternity hospital or from another healthcare institution, if the child's mother has not done so. If the father is not married, he acquires the status of a single father.

{Part two of Article 143 was supplemented with paragraph two in accordance with Law No. 3354-VI of 12.05.2011 }

3. A child may be left by his parents in a maternity hospital or other healthcare facility if he has significant physical and/or mental developmental disabilities, as well as in the presence of other circumstances of significant importance.

4. If the parents did not pick up the child from the maternity hospital or other healthcare facility, the child's grandmother, grandfather, or other relatives have the right to pick up the child with the permission of the guardianship and trusteeship body.

Article 144. Obligation of parents to register the birth of a child at the state civil status registration authority↑

1. Parents are obliged to register the birth of the child with the state civil status registration authority immediately, but no later than one month from the date of birth of the child.

Failure to fulfill this obligation is grounds for imposing liability on them as established by law.

2. In the event of the death of the parents or their inability to register the birth of a child for other reasons, registration shall be carried out upon application by relatives, other persons, or an authorized representative of the healthcare institution in which the child was born or in which he or she is currently staying.

3. Registration of the birth of a child is carried out by the state civil registration authority with simultaneous determination of its origin and assignment of a surname, first name and patronymic.

4. Registration of the birth of a child is certified by a Birth Certificate , the sample of which is approved by the Cabinet of Ministers of Ukraine.

Article 145. Determining the child's surname↑

1. The child's surname is determined by the surname of the parents.

If the mother and father have different surnames, the child's surname is determined by their consent.

2. Parents who have different surnames may give their child a double surname formed by combining their surnames.

3. A dispute between parents regarding the child's surname may be resolved by the guardianship and trusteeship body or by court.

Article 146. Determining the name of the child↑

1. The child's name is determined with the consent of the parents.

The name of a child born to an unmarried woman, in the absence of voluntary recognition of paternity, is determined by the child's mother.

2. A child may be given no more than two names, unless otherwise follows from the custom of the national minority to which the mother and (or) father belong.

3. A dispute between parents regarding the child's name may be resolved by the guardianship and trusteeship body or by court.

Article 147. Determination of the child's patronymic↑

1. The child's patronymic is determined by the father's name.

2. The patronymic of a child born to an unmarried woman, provided that paternity of the child has not been recognized, shall be determined by the name of the person whom the child's mother has named as her father.

Article 148. Changing a child's surname by his parents↑

1. In the event of a change of surname by both parents, the surname of a child under the age of seven shall be changed.

2. In the event of a change of surname by both parents, the surname of a child who has reached the age of seven shall be changed with his or her consent.

3. In the event of a change in the surname of one of the parents, the surname of the child may be changed with the consent of both parents and with the consent of the child who has reached the age of seven.

4. Upon application by the parents or one of them, if the other parent has died, been declared deceased, recognized as legally incapable or missing, a child who has not reached the age of fourteen and who was assigned the surname of one of the parents upon birth registration may have his surname changed to the surname of the other parent.

{Article 148 supplemented by a part in accordance with Law No. 524-V of 22.12.2006 }

5. In the event of objection by one of the parents to the change of the child's surname, the dispute between them regarding such a change may be resolved by the guardianship and trusteeship body or the court. When resolving the dispute, the parents' fulfillment of their duties towards the child, as well as other circumstances that demonstrate the compliance of the change of surname with the interests of the child, shall be taken into account.

Article 149. Changing a child's surname and (or) first name and (or) patronymic↑

1. A child who has reached the age of sixteen has the right, at his or her own discretion, to change his or her surname and/or first name and/or patronymic.

2. A child who has reached the age of fourteen has the right to change his or her middle name with the consent of his or her parents.

If guardianship is established over a child who has reached the age of fourteen, the change of the surname and (or) first name and (or) patronymic of such a child shall be carried out with the consent of the guardian.

3. A child who has reached the age of fourteen has the right to change his or her middle name with the consent of one of the parents, if the other parent has died, been declared missing, declared deceased, been recognized as having limited legal capacity, incapacitated, deprived of parental rights in relation to this child, or if information about the father (mother) of the child has been excluded from the birth certificate, or if information about the husband as the father of the child has been entered into the birth certificate at the request of the mother.

4. In the event of objection by one of the parents to the change of the child's patronymic, the dispute regarding such change may be resolved by the guardianship and trusteeship body or by the court. When resolving the dispute, the parents' fulfillment of their duties towards the child and other circumstances that demonstrate the compliance of the change of patronymic with the interests of the child shall be taken into account.

{Article 149 as amended by Law No. 942-IX of 03.11.2020 }

Article 150. Obligations of parents regarding the upbringing and development of a child↑

1. Parents are obliged to raise their child in a spirit of respect for the rights and freedoms of other people, love for their family and clan, their people, and their Homeland.

2. Parents are obliged to take care of the health and safe living conditions of the child, his physical, spiritual and moral development.

{Part two of Article 150 as amended by Law No. 4779-IX of 10.02.2026 }

3. Parents are obliged to ensure that their child receives a complete general secondary education and prepares him or her for independent life.

4. Parents are obliged to respect the child.

5. The transfer of a child to other persons for upbringing does not relieve the parents from the obligation of parental care towards the child.

6. Any type of exploitation by parents of their child is prohibited.

7. Physical punishment of a child by parents, as well as the use of other types of punishment that degrade the child's human dignity, is prohibited.

Article 151. Rights of parents regarding the upbringing of a child↑

1. Parents have the primary right over other persons to the personal upbringing of a child.

2. Parents have the right to involve other persons in raising the child, and to transfer the child to individuals and legal entities for upbringing.

3. Parents have the right to choose forms and methods of upbringing, except for those that contradict the law and the moral principles of society.

Article 152. Ensuring the child's right to proper parental upbringing↑

1. The right of a child to proper parental upbringing is ensured by a system of state control established by law.

2. The child has the right to object to the improper performance by the parents of their duties towards him.

3. A child has the right to seek protection of his or her rights and interests from the guardianship and trusteeship body, other state authorities, local self-government bodies, and public organizations.

4. A child has the right to apply directly to the court for protection of his or her rights and interests if he or she has reached the age of fourteen.

Article 153. Rights of parents and child to communicate↑

1. The mother, father and child have the right to unhindered communication with each other, except in cases where such right is restricted by law.

{Article 153 as amended by Law No. 524-V of 22.12.2006 }

Article 154. Rights of parents to protect their child↑

1. Parents have the right to self-defense of their child, adult daughter and son.

2. Parents have the right to apply to the court, state authorities, local self-government bodies and public organizations for the protection of the rights and interests of the child, as well as of their disabled son or daughter, as their legal representatives without special powers.

3. Parents have the right to seek protection of the rights and interests of their children even when, according to the law, they themselves have the right to seek such protection.

Article 155. Exercise of parental rights and fulfillment of parental duties↑

1. The exercise of parents' rights and the performance of their duties must be based on respect for the rights of the child and his or her human dignity.

2. Parental rights may not be exercised contrary to the interests of the child.

3. Parents' abandonment of a child is unlawful and contrary to the moral principles of society.

4. Evasion of parents from fulfilling parental duties is grounds for imposing on them the responsibility established by law.

Article 156. Rights and obligations of minor parents↑

1. Minor parents have the same rights and obligations towards the child as adult parents, and may exercise them independently.

2. Minor parents who have reached the age of fourteen have the right to apply to court to protect the rights and interests of their child.

3. Minor parents have the right to free legal assistance in court.

{Part three of Article 156 as amended by Law No. 3022-IX of April 10, 2023 }

Article 157. Resolution by parents of issues related to the upbringing of a child↑

1. The issue of raising a child shall be decided jointly by the parents, except for the case provided for in Part Five of this Article.

{Part one of Article 157 as amended by Law No. 2234-VIII of 07.12.2017 }

2. The parent who lives separately from the child is obliged to participate in his or her upbringing and has the right to personal communication with him or her.

3. The parent with whom the child lives does not have the right to prevent the parent who lives separately from communicating with the child and participating in his or her upbringing, if such communication does not interfere with the child's normal development.

4. Parents have the right to conclude an agreement on the exercise of parental rights and the performance of duties by those of them who live separately from the child. The agreement shall be concluded in writing and shall be subject to notarization.

{Paragraph one of part four of Article 157 as amended by Law No. 1397-VI of 21.05.2009 }

The parent who lives with the child, in the event of his or her evasion of the contract, is obliged to compensate for the material and moral damage caused to the other parent.

5. The parent with whom the place of residence of the child has been determined by a court decision or confirmed by a conclusion of the guardianship and trusteeship authorities, in addition to the parent to whom measures of compulsory enforcement of the decision on establishing visitation with the child and on removing obstacles to visitation with the child are applied, independently decides on the issue of temporary departure outside Ukraine for a period not exceeding one month, for the purpose of treatment, education, participation of the child in children's competitions, festivals, scientific exhibitions, student olympiads and contests, environmental, technical, artistic, tourist, research, sports events, health improvement and recreation of the child abroad, including as part of an organized group of children, and if he knows the place of residence of the other parent who does not evade and properly performs parental duties, informs him by sending a registered letter about the child's temporary departure outside Ukraine, the purpose of the departure, the country of destination and the corresponding period of stay in this country.

The parent with whom the child's place of residence has been determined by a court decision or confirmed by a conclusion of the guardianship and trusteeship authorities shall independently decide on the issue of temporary departure outside Ukraine for a period of up to one month or more for the purpose of treatment, education, participation of the child in children's competitions, festivals, scientific exhibitions, student olympiads and contests, environmental, technical, artistic, tourist, research, sports events, health improvement and recreation of the child abroad, including as part of an organized group of children, in the case of:

1) the presence of arrears in alimony payments, the total amount of which exceeds the amount of the relevant payments for four months, confirmed by a certificate of arrears in alimony payments;

2) the presence of arrears in alimony payments, confirmed by a certificate of arrears in alimony payments, the total amount of which exceeds the amount of the relevant payments for three months, if alimony is paid for the maintenance of a child with a disability, a child suffering from severe perinatal lesions of the nervous system, severe congenital malformations, a rare orphan disease, oncological, oncohematological diseases, cerebral palsy, severe mental disorders, type I diabetes mellitus (insulin-dependent), acute or chronic stage IV kidney diseases, or for the maintenance of a child who has received serious injuries, requires an organ transplant, or requires palliative care, which is confirmed by a document issued by the medical advisory commission of a medical and preventive institution in the manner and form established by the central executive body that ensures the formation and implementation of state policy in the field of healthcare.

The parent who lives separately from the child, who does not evade and properly fulfills parental duties, and has no arrears in paying alimony, shall apply by registered letter with return receipt to the parent with whom the child lives for consent to the child's departure outside Ukraine for the purpose of treatment, education, participation of the child in children's competitions, festivals, scientific exhibitions, student olympiads and contests, environmental, technical, artistic, tourist, research, sports events, and the child's health and recreation abroad, including as part of an organized group of children.

If the parent with whom the child lives does not provide a notarized consent for the child to travel abroad for the specified purpose within ten days from the date of notification of the delivery of the registered letter, the parent who lives separately from the child and who has no arrears in the payment of alimony has the right to apply to the court for permission to travel abroad without the consent of the other parent.

A certificate of arrears in alimony payments is issued by a state enforcement agency or a private enforcement agent in accordance with the procedure established by law.

{Article 157 is supplemented by part five in accordance with Law No. 2234-VIII of 07.12.2017 ; as amended by Law No. 2475-VIII of 03.07.2018 }

Article 158. Resolution by the guardianship and trusteeship body of a dispute regarding the participation in the upbringing of a child by the parent who lives separately from the child↑

1. Upon application by the mother or father of the child, the guardianship and trusteeship body shall determine the methods of participation in the upbringing of the child and communication with the parent who lives separately from the child.

The guardianship and trusteeship body makes this decision based on a study of the parents' living conditions, their attitude towards the child, and other circumstances that are of significant importance.

2. The decision of the guardianship and trusteeship body is mandatory. A person who evades the execution of the decision of the guardianship and trusteeship body is obliged to compensate for the material and moral damage caused to the parent who lives separately from the child.

Article 159. Resolution by the court of a dispute regarding the participation in the upbringing of a child by the parent who lives separately from the child↑

1. If the parent with whom the child lives interferes with the parent living separately in communicating with the child and in raising him/her, in particular if he/she evades the decision of the guardianship and trusteeship body, the other parent has the right to apply to the court with a claim to remove these interferences.

2. The court determines the methods of participation of one of the parents in raising the child (periodic or systematic visits, the possibility of joint recreation, visits by the child to his place of residence, etc.), the place and time of their communication.

{Paragraph one of part two of Article 159 as amended by Law No. 1397-VI of 21.05.2009 }

In some cases, if it is in the interests of the child, the court may require the presence of another person to visit the child.

When resolving a dispute regarding the participation of one of the parents in raising a child, the attitude of the parents to the fulfillment of their duties, the child's personal attachment to each of them, the child's age, his or her state of health, and other circumstances of significant importance, including the state of mental health of one of the parents, his or her abuse of alcoholic beverages or narcotics, are taken into account.

{Part two of Article 159 was supplemented with paragraph three in accordance with Law No. 1397-VI of 21.05.2009 }

3. At the request of an interested party, the court may suspend the execution of the decision of the guardianship and trusteeship body until the dispute is resolved.

4. In the event of evasion of the execution of the court decision by the person with whom the child lives, the court, upon application of the parent who lives separately, may transfer the child to live with him.

5. A person who evades the execution of a court decision is obliged to compensate for material and moral damage caused to the parent who lives separately from the child.

Article 160. The right of parents to determine the child's place of residence↑

1. The place of residence of a child under the age of ten shall be determined with the consent of the parents.

2. The place of residence of a child who has reached the age of ten shall be determined by mutual consent of the parents and the child himself.

3. If the parents live separately, the place of residence of a child who has reached the age of fourteen shall be determined by the child himself.

Article 161. Dispute between mother and father regarding the place of residence of a minor child↑

1. If a mother and father living separately do not agree on which of them the minor child will live with, the dispute between them may be resolved by the guardianship and trusteeship body or by court.

When resolving a dispute regarding the place of residence of a minor child, the attitude of the parents towards the fulfillment of their parental duties, the child's personal attachment to each of them, the child's age, state of health, and other circumstances of significant importance are taken into account.

2. The guardianship and trusteeship body or the court may not transfer a child to live with a parent who does not have an independent income, abuses alcohol or drugs, or whose immoral behavior may harm the child's development.

3. If the guardianship and trusteeship body or the court has recognized that neither parent can create appropriate conditions for the child's upbringing and development, at the request of the grandmother, grandfather or other relatives involved in the case, the child may be transferred to one of them.

If the child cannot be transferred to any of these persons, the court, at the request of the guardianship and trusteeship authority, may issue a decision to remove the child from the person with whom he or she lives and transfer him or her to the guardianship and trusteeship authority for care.

{Text of Article 161 as amended by Law No. 524-V of 22.12.2006 }

Article 162. Legal consequences of unlawful conduct of one of the parents or another person in determining the place of residence of a minor child↑

1. If one of the parents or another person arbitrarily, without the consent of the other parent or other persons with whom, on the basis of the law or a court decision, the minor child resided, or of the children's institution (institution) in which, by decision of the guardianship and trusteeship body or the court, the child resided, changes his or her place of residence, including by the method of kidnapping, the court, upon the claim of the interested person, has the right to immediately issue a decision to take the child away and return him or her to his or her previous place of residence.

{Paragraph one of part one of Article 162 as amended by Law No. 1397-VI of 21.05.2009 }

A child may not be returned only when leaving him/her at his/her previous place of residence would pose a real danger to his/her life and health or circumstances have changed so that return is contrary to his/her interests.

{Paragraph two of part one of Article 162 as amended by Law No. 1397-VI of 21.05.2009 }

2. A person who arbitrarily changed the place of residence of a minor child is obliged to compensate for the material and moral damage caused to the person with whom the child lived.

Article 163. The right of parents to take a minor child away from other persons↑

1. Parents have the priority over other persons for a minor child to live with them.

2. Parents have the right to demand the removal of a minor child from any person who is keeping him or her not on the basis of the law or a court decision.

3. The court may refuse to take a minor child and hand him over to his parents or one of them if it is established that this is contrary to his interests.

Article 164. Grounds for deprivation of parental rights↑

1. A mother or father may be deprived of parental rights by a court if she or he:

1) did not take the child from the maternity hospital or from another healthcare institution without a good reason and did not show parental care for him/her for six months;

2) evade their duties to raise a child, ensure safe living conditions for the child and/or ensure that the child receives a complete general secondary education;

{Clause 2 of Part One of Article 164 as amended by Law No. 463-IX of January 16, 2020 ; as amended by the Law No. 4779-IX dated 10.02.2026 }

3) they treat the child cruelly;

4) are chronic alcoholics or drug addicts;

5) resort to any type of exploitation of the child, force him/her to beg and wander;

6) convicted of committing an intentional criminal offense against a child.

{Clause 6 of Part One of Article 164 as amended by Law No. 245-VII of May 16, 2013 }

2. A mother or father may be deprived of parental rights on the grounds established by paragraphs 2, 4 and 5 of part one of this article only if they reach the age of majority.

3. A mother or father may be deprived of parental rights in respect of all or any of their children.

4. When making a decision on the deprivation of parental rights, the court shall take into account information on the provision of social support to the family (person) in the event of such support.

{Article 164 is supplemented with a new part in accordance with Law No. 668-VIII of 03.09.2015 }

5. If, when considering a case on deprivation of parental rights, the court finds signs of a criminal offense in the actions of the parents or one of them, it shall notify the pre-trial investigation body in writing, which shall initiate a pre-trial investigation in accordance with the procedure provided for by the Criminal Procedure Code of Ukraine .

{Part of Article 164 as amended by Law No. 4652-VI of 13.04.2012 }

6. The court shall send the court's decision on the deprivation of parental rights, after it enters into legal force, to the state civil registration authority at the place of registration of the child's birth.

{Article 164 supplemented by a part in accordance with Law No. 2710-IV of 23.06.2005 }

Article 165. Persons who have the right to file a lawsuit with the court for deprivation of parental rights↑

1. The right to apply to the court with a claim for deprivation of parental rights is possessed by one of the parents, a guardian, a trustee, a person in whose family the child lives, a healthcare institution, an educational or other children's institution in which the child is located, a guardianship and trusteeship body, a prosecutor, as well as the child himself who has reached the age of fourteen.

{Article 165 as amended by Law No. 3497-IV of 23.02.2006 }

Article 166. Legal consequences of deprivation of parental rights↑

1. A person deprived of parental rights:

1) loses personal non-property rights regarding the child and is released from obligations regarding his/her upbringing;

2) ceases to be the legal representative of the child;

3) loses the right to benefits and state assistance provided to families with children;

4) cannot be an adoptive parent, guardian or trustee;

5) cannot obtain in the future those property rights related to parenthood that she could have in the event of her incapacity for work (the right to child support, the right to a pension and compensation for damage in the event of the loss of a breadwinner, the right to inheritance);

6) loses other rights based on kinship with the child.

2. A person deprived of parental rights is not released from the obligation to support a child.

{Paragraph two of part two of Article 166 was excluded on the basis of Law No. 1370-VIII of 17.05.2016 }

3. When satisfying the claim for deprivation of parental rights, the court shall simultaneously make a decision on the collection of alimony for the child. If the mother, father or other legal representatives of the child refuse to receive alimony from the person deprived of parental rights, the court shall make a decision on the transfer of alimony to the child's personal account at a branch of the State Savings Bank of Ukraine and shall oblige the mother, father or other legal representatives of the child to open the specified personal account within a month from the date of entry into force of the court decision.

{Article 166 was supplemented by part three in accordance with Law No. 1370-VIII of 17.05.2016 }

Article 167. Placement of a child whose parents are deprived of parental rights↑

1. If the child lived with the parent who is deprived of parental rights, the court shall decide on the possibility of their continued residence in the same residential premises.

2. The court may issue a decision to evict the parent who is deprived of parental rights from the residential premises in which he lives with the child, if it is established that he has other housing in which he can settle, or issue a decision on the forced division of housing or its forced exchange.

3. The child may be transferred to the other parent at the request of the other parent.

4. If the child cannot be transferred to the other parent, the grandparents, adult brothers and sisters, other relatives of the child, stepmother, and stepfather have the priority right over other persons to transfer the child to them, upon their application.

{Part Four of Article 167 as amended by Law No. 524-V of 22.12.2006 }

5. If the child cannot be transferred to grandparents, adult brothers and sisters, other relatives, stepmother, stepfather, he or she shall be transferred to the custody of the guardianship and trusteeship body.

{Part five of Article 167 as amended by Law No. 524-V of 22.12.2006 }

6. A child who has been transferred to relatives, a stepmother, a stepfather, or a guardianship and trusteeship body retains the right to reside in the residential premises in which he or she resided and may return to it at any time.

7. The procedure for the selection and transfer of a child shall be established by law.

Article 168. Visitation with a child of a mother or father deprived of parental rights↑

1. A mother or father deprived of parental rights has the right to apply to the court for visitation rights with the child.

The court may allow one-time, periodic visits with the child, if this will not harm his or her life, health, or moral upbringing, provided that another person is present.

Article 169. Restoration of parental rights↑

1. A mother or father deprived of parental rights has the right to apply to court for the restoration of parental rights.

2. Restoration of parental rights is not possible if the child was adopted and the adoption has not been canceled or declared invalid by a court.

3. Restoration of parental rights is not possible if the child has reached the age of majority at the time of the court's consideration of the case.

4. The court shall verify the extent to which the behavior of the person deprived of parental rights has changed and the circumstances that were the basis for the deprivation of parental rights, and shall make a decision in accordance with the interests of the child.

5. When deciding a case on the restoration of parental rights of one of the parents, the court shall take into account the opinion of the other parent and other persons with whom the child lives.

6. The court shall send the court's decision on the restoration of parental rights after it enters into legal force to the state civil registration authority at the place of registration of the child's birth.

{Article 169 supplemented by a part in accordance with Law No. 2710-IV of 23.06.2005 }

7. In the event of a refusal of the claim for the restoration of parental rights, a repeated application for the restoration of parental rights is possible only after the expiration of one year from the date of entry into force of the court decision on such refusal.

Article 170. Taking a child away from parents without depriving them of parental rights↑

1. The court may decide to take a child away from the parents or one of them, without depriving them of parental rights, in cases provided for in paragraphs 2-5 of part one of Article 164 of this Code, as well as in other cases if leaving the child with them is dangerous for his or her life, health and moral upbringing.

In this case, the child is transferred to the other parent, grandmother, grandfather, other relatives - at their request or to the guardianship and trusteeship body.

When making a decision to remove a child from the parents or one of them without depriving them of parental rights, the court takes into account information about the provision of social support to the family (person) in the event of such support.

{Part one of Article 170 was supplemented with paragraph three in accordance with Law No. 668-VIII of 03.09.2015 }

2. In exceptional cases, in the event of an immediate threat to the life or health of the child, the guardianship and trusteeship body or the prosecutor have the right to make a decision to immediately remove the child from the parents.

In this case, the guardianship and trusteeship body is obliged to immediately notify the prosecutor and, within seven days after the decision is made, apply to the court with a claim for the deprivation of the parents or one of them of parental rights or for the removal of the child from the mother or father without deprivation of their parental rights.

The prosecutor has the right to file such a claim with the court.

3. If the reasons that prevented the proper upbringing of the child by the parents cease to exist, the court, upon the parents' application, may issue a decision to return the child to them.

4. When satisfying a claim for the removal of a child from the mother or father without deprivation of their parental rights, the court shall decide on the issue of collecting child support from them.

5. The provisions of parts one - three of this article shall apply to the removal of a child from other persons with whom he or she lives.

Article 171. Taking into account the opinion of the child when deciding issues concerning his or her life↑

1. The child has the right to be heard by parents, other family members, and officials on matters concerning him or her personally, as well as family matters.

2. A child who can express his or her opinion must be heard when resolving a dispute between parents and other persons regarding his or her upbringing and place of residence, including when resolving a dispute regarding the deprivation of parental rights, the restoration of parental rights, as well as a dispute regarding the management of his or her property.

3. The court has the right to make a decision contrary to the child's opinion if his or her interests so require.

Article 172. The duty of a child, adult daughter and son to take care of their parents↑

1. A child, an adult daughter, or a son are obliged to take care of their parents, show concern for them, and provide them with assistance.

2. An adult daughter or son has the right to seek protection of the rights and interests of incapacitated or infirm parents as their legal representatives, without any special powers.

3. If an adult daughter or son does not take care of their disabled, infirm parents, funds may be collected from them by court decision to cover the costs associated with providing such care.

Chapter 14 RIGHTS OF PARENTS AND CHILDREN TO PROPERTY↑

Article 173. Separation of property between parents and children↑

1. Parents and children, particularly those who live together, may be independent owners of property.

2. When resolving a dispute between parents and minor children who live together, regarding the ownership of property, it is considered that it is the property of the parents, unless otherwise established by the court.

{Part two of Article 173 as amended by Law No. 524-V of 22.12.2006 }

Article 174. The child's right of ownership of property intended for his or her development, education and upbringing↑

1. Property acquired by the parents or one of them to ensure the development, education and upbringing of the child (clothing, other personal items, toys, books, musical instruments, sports equipment, etc.) is the property of the child.

Article 175. The right of joint ownership of parents and children↑

1. Property acquired by parents and children through their joint labor or joint funds belongs to them by right of joint joint ownership.

2. Children have the right to an allocation in kind of property that is in the joint ownership of parents and children.

In the event of the allocation of a share from property that is in joint joint ownership, it is considered that the shares of each of the co-owners in the right of joint joint ownership are equal, unless otherwise established by agreement between them, law or court decision.

If the allocation of a share of the joint property in kind is impossible ( part two of Article 183 of the Civil Code of Ukraine), children who have the right to the allocation of a share of the property in kind have the right to receive from other co-owners monetary or other material compensation for the value of their share.

{Article 175 is supplemented by part two in accordance with Law No. 2475-VIII of 03.07.2018 }

Article 176. Rights of parents and children regarding the use of property↑

1. Parents are obliged to transfer to the child for use property that is intended to ensure his or her upbringing and development.

2. The rights of parents and children to use housing owned by one of them are established by law.

Article 177. Management of the child's property↑

1. Parents (adoptive parents) or a guardian shall manage the property belonging to a minor child without special authority to do so. Parents (adoptive parents) or a guardian shall be obliged to take care of the preservation and use of the child's property in his or her interests.

{Paragraph one of part one of Article 177 as amended by Law No. 4824-IX of March 25, 2026 }

If a minor child can independently determine his or her needs and interests, the parents shall manage his or her property taking into account such needs and interests.

{Part one of Article 177 as amended by Law No. 2620-IV of 02.06.2005 }

2. Parents (adoptive parents) or a guardian of a minor child do not have the right, without the permission of the guardianship and trusteeship body:

1) renounce the rights to the property of a minor child, including property rights to real estate subject to state registration;

2) issue written obligations on behalf of a minor child;

3) to enter into transactions regarding:

a residential real estate object and/or a land plot on which such an object is located, the owner or user of which is their minor child;

{Paragraph two of clause 3 of part two of Article 177 as amended by Law No. 4824-IX of 03/25/2026 }

alienation (including by sale, donation, exchange or contribution (transfer) to the authorized (compounded) capital (mutual fund) of a legal entity or as an entry, membership and/or target contribution of a member of a cooperative), division, allocation, transfer as collateral, mortgage of real estate, an object of unfinished construction, a future real estate object, other valuable property, in particular vehicles, owned by their minor child.

{Paragraph three of clause 3 of part two of Article 177 as amended by Law No. 4824-IX of 03/25/2026 }

A transaction by which a minor child acquires property free of charge, including real estate of which he or she is the user, is carried out without the permission of the guardianship and trusteeship body.

{Part two of Article 177 is supplemented by paragraph seven in accordance with Law No. 4824-IX of March 25, 2026 }

{Article 177 supplemented by a part in accordance with Law No. 2620-IV of 02.06.2005 ; as amended in accordance with Law No. 1871-IX of 05.11.2021 ; as amended by Law No. 3265-IX of 14.07.2023 }

3. Parents (adoptive parents) or a guardian have the right to consent to the performance by a minor child of the transactions provided for in part two of this article only with the permission of the guardianship and trusteeship body.

A transaction by which a minor child acquires property free of charge, including real estate of which he or she is the user, is carried out without the permission of the guardianship and trusteeship body.

{Article 177 is supplemented by a part in accordance with Law No. 2620-IV of 02.06.2005 ; as amended by Law No. 4824-IX of 25.03.2026 }

4. Permission to enter into transactions regarding the child's real estate is granted by the guardianship and trusteeship body after an inspection conducted within one month, and only if the child's right to housing is guaranteed.

{Article 177 is supplemented by a part in accordance with Law No. 524-V of 22.12.2006 ; as amended by Law No. 3234-VI of 19.04.2011 }

5. Guardianship and guardianship authorities may refuse to grant permission to enter into transactions with respect to the child's real estate with a simultaneous appeal to a notary to impose a ban on the alienation of such property only in cases where they establish that:

{Paragraph one of part five of Article 177 as amended by Law No. 4314-VI of 12.01.2012 }

1) the mother and/or father of the child who applied for permission were deprived of parental rights by the court in accordance with Article 164 of this Code;

2) a court, guardianship and trusteeship body or prosecutor has made (adopted) a decision to take the child away from the parents (or the one of them who applied for permission) without depriving them of parental rights in accordance with Article 170 of this Code;

3) a lawsuit has been filed with the court for the deprivation of the child's parents (or the one of them who applied for permission) of parental rights by the persons specified in Article 165 of this Code;

4) the person who applied for a permit provided false information about himself that is of significant importance for resolving the issue of granting or refusing to grant a permit;

5) there is no agreement between the child's parents regarding the conclusion of a transaction regarding the child's real estate;

6) there is a legal dispute between the child's parents or between one of them and third parties regarding real estate, for which permission to commit a transaction was requested by the child's parents (or one of them);

7) the conclusion of the transaction will lead to a narrowing of the scope of the child's existing property rights and/or a violation of the child's legally protected interests.

{Part of Article 177 as amended by Law No. 3234-VI of 19.04.2011 }

6. When one of the parents makes a transaction regarding the property of a minor child, it is considered that he acts with the consent of the other parent. The other parent has the right to apply to the court with a demand to declare the transaction invalid as having been made without his consent, if this transaction goes beyond the limits of petty household matters.

The performance by one of the parents of the transactions provided for in part two of this article must be subject to the written, notarized consent of the other parent.

If one of the parents (adoptive parents) is captured or held hostage, interned in neutral states or has disappeared under special circumstances, has been declared missing, lives separately from the child for at least six consecutive months and does not participate in the upbringing and maintenance of the child, or if his place of residence is unknown, the transactions specified in part two of this article may be committed without his consent.

{Part Six of Article 177 as amended by Law No. 524-V of 12/22/2006 ; as amended by Law No. 4824-IX of 03/25/2026 }

7. Parents shall decide on the management of the child's property jointly, unless otherwise provided for by an agreement between them. Disputes that arise between parents regarding the management of the child's property may be resolved by the guardianship and trusteeship body or by court.

{Part of Article 177 as amended by Law No. 524-V of 22.12.2006 }

8. After the termination of management, the parents are obliged to return to the child the property they managed, as well as the income from it.

9. Improper performance by parents of their duties regarding the management of the child's property is grounds for imposing on them the obligation to compensate for the material damage caused to the child and to return the income received from the management of the child's property.

{Part of Article 177 as amended by Law No. 2620-IV of 02.06.2005 }

10. The procedure for conducting by guardianship and trusteeship bodies the activities defined by law related to the protection of the property rights of the child shall be established by the Cabinet of Ministers of Ukraine.

{Article 177 was supplemented by part ten in accordance with Law No. 3234-VI of 19.04.2011 }

Article 178. Use of income from the child's property↑

1. Parents have the right to use the income received from the use of the property of a minor child for the upbringing and maintenance of other children and for the urgent needs of the family.

2. A minor child shall dispose of the income from his or her property in accordance with the Civil Code of Ukraine .

Article 179. Ownership of alimony received for a child↑

1. Alimony received for a child is the property of the child.

2. The parent or other legal representative of the child in whose name alimony is paid shall dispose of the alimony exclusively for the intended purpose in the interests of the child.

A minor child has the right to participate in the management of alimony received for his or her maintenance.

3. A minor child has the right to independently receive alimony and dispose of it in accordance with the Civil Code of Ukraine .

{Text of Article 179 as amended by Law No. 2037-VIII of 05/17/2017 }

Chapter 15 THE OBLIGATION OF THE MOTHER AND FATHER TO MAINTAIN THE CHILD AND ITS EXECUTION↑

Article 180. The obligation of parents to maintain a child↑

1. Parents are obliged to support a child until he or she reaches the age of majority.

Article 181. Methods of fulfilling the obligation of parents to support a child↑

1. The methods of fulfilling the obligation of parents to support a child shall be determined by agreement between them.

2. By agreement between the child's parents, the one of them who lives separately from the child may participate in the child's maintenance in cash and (or) in kind.

3. By court decision, funds for the maintenance of a child (alimony) are awarded as a share of the income of the mother or father or in a fixed amount of money at the choice of the parent or other legal representatives of the child with whom the child lives.

The method of collecting alimony, determined by a court decision, shall be changed by a court decision at the request of the alimony recipient.

{Part three of Article 181 as amended by Law No. 2037-VIII of 17.05.2017 }

4. In the event of one of the parents leaving abroad for permanent residence in a state with which Ukraine does not have an agreement on the provision of legal assistance, alimony shall be collected in accordance with the procedure established by the Cabinet of Ministers of Ukraine.

5. If, after fulfilling alimony obligations in accordance with Part Four of this Article, one of the parents did not leave for permanent residence in a state with which Ukraine does not have legal assistance agreements, and remained or returned for permanent residence in Ukraine, the procedure for collecting alimony, taking into account the amount paid, shall be established by law.

{Article 181 supplemented by a part in accordance with Law No. 3539-IV of March 15, 2006 }

6. If, after a court decision enters into legal force, according to which alimony is collected from one of the parents, he leaves for permanent residence in a state with which Ukraine does not have a legal assistance agreement, alimony may be collected from him by court decision before his departure from Ukraine for the entire period until the child reaches the age of majority.

{Article 181 supplemented by a part in accordance with Law No. 3539-IV of March 15, 2006 }

7. If, after the court decision on the payment of alimony for the entire period until the child reaches the age of majority has entered into legal force, the person from whom alimony is collected continues to reside permanently in Ukraine or returns to Ukraine for permanent residence and the circumstances that influenced the determination of the amount of alimony change, periodic collection of alimony may be established by court order, taking into account the amount paid.

{Article 181 supplemented by a part in accordance with Law No. 3539-IV of March 15, 2006 }

8. If the place of residence or stay of the parents is unknown, or they evade paying alimony, or are unable to support the child, the child shall be granted temporary state assistance taking into account the financial situation of the family in which the child is raised, but not less than 50 percent of the subsistence minimum for a child of the appropriate age. Payment of temporary state assistance shall be made at the expense of the State Budget of Ukraine.

{Part of Article 181 as amended by Law No. 2901-IV of 22.09.2005 ; as amended by Law No. 2853-IV of 08.09.2005 ; as amended by Laws No. 1276-VI of 16.04.2009 , No. 911-VIII of 24.12.2015 ; as amended by Law No. 2008-IX of 26.01.2022 - shall apply from January 1, 2022}

9. Procedure for the appointment and payment of temporary state assistance , Its size is determined by the Cabinet of Ministers of Ukraine.

{Paragraph one of part nine of Article 181 as amended by Law No. 911-VIII of 24.12.2015 }

The work on the assignment and payment of temporary state assistance to children whose parents evade paying alimony, are unable to support the child, or whose place of residence is unknown is organized by the central executive body, which ensures the formation of state policy in the field of adoption and protection of children's rights.

{Part nine of Article 181 is supplemented by paragraph two in accordance with Law No. 5462-VI of October 16, 2012 }

{Article 181 supplemented by a part in accordance with Law No. 2853-IV of 08.09.2005 }

10. The amounts of temporary state assistance provided to the child are subject to recovery from the alimony payer to the State Budget of Ukraine in court.

{Article 181 supplemented by a part in accordance with Law No. 2853-IV of 08.09.2005 }

Article 182. Circumstances taken into account by the court when determining the amount of alimony↑

1. When determining the amount of alimony, the court shall take into account:

1) the health and financial situation of the child;

2) the health and financial situation of the alimony payer;

3) the presence of other children, disabled husband, wife, parents, daughter, son by the alimony payer;

3 - 1 ) the presence of ownership, possession and/or use by the alimony payer of property and property rights, including movable and immovable property, funds, exclusive rights to the results of intellectual activity, corporate rights;

{Part one of Article 182 is supplemented by paragraph 3 - 1 in accordance with Law No. 2037-VIII of 17.05.2017 ; as amended by Law No. 2475-VIII of 03.07.2018 }

3 - 2 ) expenses of the alimony payer proven by the alimony collector, including for the purchase of real estate or movable property, the amount of which exceeds ten times the subsistence minimum for an able-bodied person, if the alimony payer has not proven the source of the funds;

{Part one of Article 182 is supplemented by paragraph 3 - 2 in accordance with Law No. 2037-VIII of 17.05.2017 }

4) other circumstances of significant importance.

2. The amount of alimony must be necessary and sufficient to ensure the harmonious development of the child.

The minimum guaranteed amount of alimony for one child cannot be less than 50 percent of the subsistence minimum for a child of the appropriate age.

{Paragraph two of part two of Article 182 as amended by Law No. 2475-VIII of 03.07.2018 }

The minimum recommended amount of child support per child is the subsistence minimum for a child of the appropriate age and may be awarded by the court if the earnings (income) of the payer of child support are sufficient.

{Part two of Article 182 was supplemented with paragraph three in accordance with Law No. 2475-VIII of 03.07.2018 }

{Part two of Article 182 as amended by Laws No. 2901-IV of 09/22/2005 , No. 2037-VIII of 05/17/2017 }

3. The court is not limited to the amount of earnings (income) of the alimony payer if it is established that he has expenses that exceed his earnings (income) and for which such alimony payer has not proven the source of the funds for their payment.

{Article 182 was supplemented by part three in accordance with Law No. 2475-VIII of 03.07.2018 }

Article 183. Determination of the amount of alimony as a share of the earnings (income) of the mother, father of the child↑

1. The share of the mother's or father's earnings (income) that will be collected as child support is determined by the court.

2. If alimony is collected for two or more children, the court determines a single share of the earnings (income) of the mother or father for their maintenance, which will be collected until the eldest child reaches the age of majority.

3. If, after the eldest child reaches the age of majority, none of the parents has filed a lawsuit with the court to determine the amount of alimony for the other children, alimony shall be collected after deducting the equal share that fell to the child who reached the age of majority.

{Part four of Article 183 was excluded on the basis of Law No. 2677-VI of 04.11.2010 }

5. The parent or other legal representative of the child with whom the child lives has the right to apply to the court with an application for the issuance of a court order to collect alimony in the amount of one quarter for one child, one third for two children, and half of the earnings (income) of the alimony payer for three or more children, but not more than ten subsistence minimums per child of the appropriate age for each child.

{Article 183 was supplemented by part five in accordance with Law No. 2037-VIII of 17.05.2017 }

Article 184. Determination of the amount of alimony in a fixed monetary amount↑

1. The court, upon the application of the recipient, determines the amount of alimony in a fixed monetary amount.

2. The amount of alimony determined by the court or by agreement between the parents in a fixed monetary amount shall be subject to annual indexation in accordance with the law, unless the payer and the recipient of alimony have agreed otherwise. At the request of the recipient of alimony, the indexation may be carried out by the court for another period.

{Part two of Article 184 as amended by Law No. 2475-VIII of 03.07.2018 }

3. The parent or other legal representative of the child with whom the child lives has the right to apply to the court for a court order to collect alimony in the amount of 50 percent of the subsistence minimum for a child of the appropriate age.

{Article 184 as amended by Law No. 2901-IV of 22.09.2005 ; text of Article 184 as amended by Law No. 2037-VIII of 17.05.2017 }

Article 185. Participation of parents in additional expenses for the child↑

1. The parent from whom the recovery of alimony for the child has been ordered, as well as the parent from whom the claim for the recovery of alimony has not been filed, are obliged to participate in additional expenses for the child caused by special circumstances (development of the child's abilities, illness, disability, etc.).

2. The amount of participation of one of the parents in additional expenses for the child in the event of a dispute is determined by a court decision, taking into account circumstances of material importance.

Additional expenses for a child can be financed in advance or covered after they are actually incurred, one-time, periodically or on an ongoing basis.

Article 186. Control by the guardianship and trusteeship body over the targeted spending of alimony↑

1. Control over the targeted spending of alimony is carried out by the guardianship and trusteeship body in the form of inspection visits to the alimony recipient, the procedure and frequency of which are determined by the central executive body implementing state policy in the field of adoption and protection of children's rights. At the request of the alimony payer (except for those who have arrears in the payment of alimony), inspection visits to the alimony recipient are carried out by the guardianship and trusteeship body unscheduled, but not more than once every three months.

{Part one of Article 186 as amended by Law No. 2475-VIII of 03.07.2018 }

2. In the event of inappropriate spending of alimony, the payer has the right to apply to court with a claim for a reduction in the amount of alimony or for a part of the alimony to be deposited into the child's personal account at a branch of the State Savings Bank of Ukraine.

Article 187. Deduction of child support at the initiative of the payer or recipient of child support↑

{Title of Article 187 as amended by Law No. 1404-VIII of 02.06.2016 }

1. One of the parents may submit an application at the place of work, place of payment of a pension, scholarship for the deduction of child support from his salary, pension, scholarship in the amount and for the period specified in this application.

Such a statement may be withdrawn by him.

2. Based on the application of one of the parents, alimony shall be deducted no later than three days from the date established for the payment of wages, pensions, or scholarships.

3. Based on the application of one of the parents, alimony may be deducted even when the total amount subject to deduction based on the application and executive documents exceeds half of the salary, pension, scholarship, and also if alimony is already being collected from him for another child.

4. A person in whose favor child support has been awarded may independently file an application with a writ of execution for the deduction of alimony from the salary, pension, scholarship or other income of the alimony payer directly at the place of payment of the salary, pension, scholarship or other income to the alimony payer.

Based on the application of such a person, alimony shall be deducted from the salary, pension, scholarship or other income of the alimony payer in the amount specified in the writ of execution and within the time limits specified in part two of this article, and shall be transferred to the person in whose favor the alimony has been awarded, at his or her address or to the account specified in the application.

{Article 187 is supplemented by part four in accordance with Law No. 1404-VIII of 02.06.2016 }

Article 188. Release of parents from the obligation to support a child↑

1. Parents may be exempted from the obligation to support a child if the child's income significantly exceeds the income of each of them and fully meets his or her needs.

2. Parents may be released from the obligation to support a child only by court order. If the child has ceased to receive income or his or her income has decreased, the interested person has the right to apply to the court with a claim for the recovery of alimony.

{Article 188 was supplemented by part two in accordance with Law No. 2901-IV of 22.09.2005 }

Article 189. Agreement between parents on the payment of child support↑

1. Parents have the right to conclude an agreement on the payment of child support, which shall specify the amount and terms of payment. The terms of the agreement may not violate the rights of the child established by this Code.

The contract is concluded in writing and notarized.

2. In the event of failure by one of the parents to fulfill his obligation under the contract, alimony may be collected from him on the basis of a notary's executive inscription.

Article 190. Termination of the right to child support in connection with the acquisition of ownership of real estate↑

1. The parent with whom the child lives and the parent who lives separately from the child, with the permission of the guardianship and trusteeship body, may conclude an agreement on the termination of the right to alimony for the child in connection with the transfer of ownership of real estate (a residential building, apartment, land plot, etc.).

Such an agreement shall be notarized. The right of ownership of real estate under such an agreement shall arise from the moment of state registration of this right in accordance with the law.

{Paragraph two of part one of Article 190 as amended by Law No. 402-VII of 04.07.2013 }

If the child has reached the age of fourteen, he or she participates in the conclusion of this contract.

2. The acquirer of the right of ownership of real estate is the child himself or the child and the parent with whom he or she lives, on the right of joint partial ownership of this property.

In the event of concluding such an agreement, the parent with whom the child lives undertakes to independently support the child.

3. The conclusion of the agreement does not exempt the parent who lives separately from the obligation to participate in additional expenses for the child.

4. Property received under a contract in accordance with part one of this article may not be subject to seizure.

5. Property received by the child under this agreement may be alienated before the child reaches the age of majority only with the permission of the guardianship and trusteeship body.

6. A contract concluded in accordance with part one of this article shall be declared invalid by the court at the request of the alienator of real estate in the event of the exclusion of his name as the father from the birth certificate of the child.

If the contract is declared invalid, the alienator's ownership of the real estate is restored.

7. At the request of the alienator of real estate, the contract concluded in accordance with part one of this article may be terminated in the event of failure by the parent with whom the child lives to fulfill the obligation to support the child.

Article 191. Time from which child support is awarded↑

1. Child support is awarded by court decision from the date of filing the lawsuit, and in the case of filing an application for issuance of a court order - from the date of filing such application.

{Part one of Article 191 as amended by Law No. 2037-VIII of 17.05.2017 }

2. Alimony for the past may be awarded if the plaintiff provides the court with evidence that he took steps to obtain alimony from the defendant, but could not receive it due to the latter's evasion of payment. In this case, the court may award alimony for the past, but not more than ten years.

{Part two of Article 191 as amended by Law No. 2475-VIII of 03.07.2018 }

Article 192. Changing the amount of alimony↑

1. The amount of alimony determined by a court decision or by agreement between the parents may be subsequently reduced or increased by a court decision at the request of the payer or recipient of alimony in the event of a change in financial or family status, deterioration or improvement in the health of one of them, and in other cases provided for by this Code.

{Part one of Article 192 as amended by Law No. 2302-VI of 01.06.2010 }

{Part two of Article 192 was excluded on the basis of Law No. 1370-VIII of 17.05.2016 }

Article 193. Collection of alimony and other funds for a child who is in a healthcare institution, educational institution or other institution↑

1. The placement of a child in a healthcare, educational or other institution does not terminate the collection of alimony in favor of the parent with whom the child previously lived, if they are spent for the intended purpose.

2. If parents do not participate in the maintenance of a child placed in a state or municipal healthcare institution, educational institution or other institution, child support may be collected from them on general grounds.

3. By court decision, alimony may be transferred to the child's personal account at a branch of the State Savings Bank of Ukraine.

4. State pensions, other types of assistance, and compensation for damage due to the loss of the breadwinner are also transferred to the child's personal account.

Article 194. Recovery of past-due alimony and alimony arrears↑

1. Alimony may be collected under a writ of execution for the past, but not more than ten years, preceding the presentation of the writ of execution for execution.

{Part one of Article 194 as amended by Law No. 2475-VIII of 03.07.2018 }

2. If, according to the writ of execution presented for execution, alimony was not collected due to the search for the alimony payer or due to his stay abroad, it must be paid for the entire past time.

3. The debt for alimony, which is collected in accordance with Article 187 of this Code, shall be repaid at the request of the payer through deductions from his salary, pension, scholarship at the place of their receipt or shall be collected by court decision.

4. The arrears for alimony shall be collected regardless of the child's reaching the age of majority, and in the case provided for in Article 199 of this Code, until the child reaches the age of twenty-three.

5. The provisions of parts one - three of this article, as well as articles 195-197 of this Code, shall also apply to the collection of alimony from other persons specified in this Code.

Article 195. Determination of arrears for alimony awarded as a share of earnings (income)↑

1. The arrears for alimony awarded as a share of earnings (income) shall be determined based on the actual earnings (income) that the alimony payer received during the time during which their collection was not carried out, regardless of whether such earnings (income) were received in Ukraine or abroad.

2. The alimony debt of alimony payer who was not working at the time of the debt, or is an individual entrepreneur and is on a simplified taxation system, or is a citizen of Ukraine who receives earnings (income) in a state with which Ukraine does not have a legal aid agreement, is determined based on the average salary of an employee for a given area.

In the event of establishing the source and amount of earnings (income) of the alimony payer, which he received abroad, at the request of the alimony recipient, the state bailiff or private bailiff shall recalculate the debt.

3. The amount of alimony debt is calculated by a state enforcement agent, a private enforcement agent, and in the event of a dispute, by the court.

{Article 195 as amended by Laws No. 2677-VI of 04.11.2010 , No. 1404-VIII of 02.06.2016 ; as amended by Law No. 2037-VIII of 17.05.2017 }

Article 196. Liability for late payment of alimony, payment of additional expenses for the child↑

{Title of Article 196 as amended by Law No. 2037-VIII of 17.05.2017 }

1. In the event of a debt arising through the fault of a person who is obliged to pay alimony by court decision or by agreement between the parents, the recipient of alimony has the right to collect a penalty (penalty) in the amount of one percent of the amount of unpaid alimony for each day of delay from the day of delay in paying alimony until the day of its full repayment or until the day the court adopts a decision to collect a penalty, but not more than 100 percent of the debt.

In the event that measures provided for in Part Fourteen of Article 71 of the Law of Ukraine "On Enforcement Proceedings" are applied to a person who is obliged to pay alimony by a court decision, the maximum amount of the penalty shall be equal to the difference between the amount of the debt and the amount of the applied enforcement measures provided for in Part Fourteen of Article 71 of the Law of Ukraine "On Enforcement Proceedings".

{Part one of Article 196 is supplemented by paragraph two in accordance with Law No. 2475-VIII of 03.07.2018 }

{Part one of Article 196 as amended by Law No. 2037-VIII of 05/17/2017 }

2. The amount of the penalty may be reduced by the court, taking into account the financial and family status of the alimony payer.

3. The penalty is not paid if the alimony payer is a minor.

4. In the event of a delay in payment of additional expenses for a child due to the fault of the payer, such payer shall, at the request of the recipient of additional expenses, pay the amount of debt for additional expenses, taking into account the established inflation index for the entire period of delay, as well as three percent per annum on the overdue amount.

The payer of additional expenses is considered to be in default if he has not fulfilled his obligation to pay additional expenses within the period established by a court decision or by agreement between the parents, and in their absence or in the event that such a period is not established - after the expiration of seven days after the presentation of the relevant claim by the recipient of additional expenses who actually paid them.

{Article 196 was supplemented by part four in accordance with Law No. 2037-VIII of 17.05.2017 }

Article 197. Setting the deadline for payment of arrears. Exemption from payment of arrears for alimony↑

1. Taking into account the financial and family status of the alimony payer, the court may postpone or extend the payment of alimony arrears by installments.

2. At the request of the alimony payer, the court may fully or partially exempt him from paying alimony arrears if it arose due to his serious illness or other circumstance of significant importance.

{Part three of Article 197 was excluded on the basis of Law No. 1404-VIII of 02.06.2016 }

Chapter 16 THE DUTY OF PARENTS TO MAINTAIN THEIR ADULT DAUGHTER AND SON AND ITS EXECUTION↑

Article 198. Grounds for the emergence of the obligation of parents to maintain an adult daughter or son↑

1. Parents are obliged to support their adult, disabled daughter or son who need financial assistance, if they are able to provide such financial assistance.

Article 199. The obligation of parents to support their adult daughter or son who continues their studies↑

1. If an adult daughter or son continues their education and in this regard requires financial assistance, the parents are obliged to support them until they reach the age of twenty-three, provided that they can provide financial assistance.

2. The right to maintenance shall cease upon termination of studies.

3. The right to apply to the court with a claim for the collection of alimony belongs to the parent with whom the daughter or son lives, as well as to the daughter or son themselves who are continuing their studies.

Article 200. Amount of alimony for an adult daughter or son↑

1. The court shall determine the amount of alimony for an adult daughter or son in a fixed sum of money and (or) as a share of the earnings (income) of the alimony payer, taking into account the circumstances specified in Article 182 of this Code.

2. When determining the amount of alimony from one of the parents, the court takes into account the possibility of providing maintenance to the other parent, his wife, husband and adult daughter, son.

Article 201. Application of the norms of this Code to relations regarding the obligation of parents to maintain an adult daughter or son↑

Articles 187 , 189-192 and 194-197 of this Code shall apply to the relations between parents and their daughter or son regarding the provision of maintenance to them .

Chapter 17 THE DUTY OF ADULT DAUGHTER AND SON TO SUPPORT PARENTS AND ITS EXECUTION↑

Article 202. Grounds for the emergence of the obligation of an adult daughter or son to support their parents↑

1. An adult daughter or son is obliged to support their parents who are unable to work and need financial assistance.

2. If the mother or father were deprived of parental rights and these rights were not restored, the obligation to maintain the mother or father for the daughter or son in respect of whom they were deprived of parental rights does not arise.

Article 203. Obligation of a daughter or son to participate in additional expenses for their parents↑

1. In addition to paying alimony, a daughter or son are required to participate in additional expenses for their parents caused by serious illness, disability, or infirmity.

Article 204. Release of a daughter or son from the obligation to support their mother or father↑

1. A daughter or son may be released by the court from the obligation to support the mother or father and the obligation to participate in additional expenses if it is established that the mother or father have evaded the fulfillment of their parental duties.

A daughter or son shall be released by the court from the obligation to support the mother or father and from the obligation to participate in additional expenses if it is established that the mother or father did not pay child support, which resulted in a debt the total amount of which exceeds the amount of the relevant payments for three years, and such debt is outstanding at the time the court makes a decision to determine the amount of child support for the parents.

{Part one of Article 204 is supplemented with a new paragraph in accordance with Law No. 2475-VIII of 03.07.2018 }

In exceptional cases, the court may award alimony to a daughter or son for a period of no more than three years.

2. Failure to pay child support, which has resulted in arrears, the total amount of which exceeds the amount of the relevant payments for three years, shall be confirmed by a certificate issued by a state enforcement agency or a private enforcement agent in accordance with the procedure established by law.

{Article 204 was supplemented by part two in accordance with Law No. 2475-VIII of 03.07.2018 }

Article 205. Determination of the amount of alimony for parents↑

1. The court determines the amount of alimony for parents in a fixed amount of money and (or) as a share of earnings (income), taking into account the material and family status of the parties.

2. When determining the amount of alimony and additional expenses, the court shall take into account the possibility of receiving maintenance from other children against whom no claim for alimony has been filed, the wife, husband, and their parents.

Article 206. Recovery from a child of expenses for the care and treatment of parents↑

1. In exceptional cases, if the mother or father are seriously ill or disabled, and the child ( Article 6 of this Code) has sufficient income (earnings), the court may issue a decision to recover from them funds to cover the costs associated with their treatment and care, either in a lump sum or over a certain period.

Chapter IV ADMINISTRATION OF ORPHANS AND CHILDREN DEPRIVED OF PARENTAL CARE↑

{Title of Section IV as amended by Law No. 3497-IV of 23.02.2006 }

Chapter 18 ADOPTION↑

Article 207. The concept of adoption↑

1. Adoption is the acceptance by an adoptive parent into his or her family of a person as a daughter or son, carried out on the basis of a court decision, except for the case provided for in Article 282 of this Code.

2. The adoption of a child is carried out in his or her best interests to ensure stable and harmonious living conditions.

Article 208. A person who may be adopted↑

1. A child may be adopted ( Article 6 of this Code).

2. In exceptional cases, the court may decide to adopt an adult who does not have a mother or father or has been deprived of their care.

In this case, the court takes into account the adoptive parent's marital status, in particular the absence of his or her own children, and other circumstances of significant importance.

Article 209. Adoption of a child who was not taken from the maternity hospital or abandoned, or who was found↑

{Title of Article 209 as amended by Law No. 3497-IV of 23.02.2006 }

1. A child abandoned in a maternity hospital or other healthcare facility, or whose parents or other relatives have refused to take them away, may be adopted after reaching the age of two months.

2. A child who has been abandoned or found may be adopted after two months from the time of his or her discovery.

Article 210. Adoption of brothers and sisters↑

1. If siblings are registered for possible adoption, they cannot be separated upon adoption.

In the presence of circumstances of significant importance, the court, with the consent of the guardianship and trusteeship body, may decide on the adoption of one of them or their adoption by different persons.

2. If the adoption is not secret for the child, the brother and sister have the right to know about the child's new place of residence.

Article 211. Persons who may be adoptive parents↑

1. An adoptive parent of a child may be a legally capable person at least twenty-one years of age, except when the adoptive parent is a relative of the child.

{Part one of Article 211 as amended by Law No. 257-VI of 10.04.2008 }

2. An adoptive parent may be a person who is at least fifteen years older than the child he or she wishes to adopt.

{Paragraph one of part two of Article 211 as amended by Laws No. 257-VI of 10.04.2008 , No. 3738-VI of 09.09.2011 }

In the case of adoption of an adult, the age difference cannot be less than eighteen years.

3. Adoptive parents may be spouses, as well as persons specified in parts five and six of this article.

Adoptive parents cannot be persons of the same sex.

4. Persons who are not married to each other may not adopt the same child.

If such persons live as one family, the court may decide to adopt a child by them.

5. If a child has only a mother, he or she cannot be adopted by a man to whom the mother is not married.

If a child has only one father, he or she cannot be adopted by a woman to whom he or she is not married.

If such persons live as one family, the court may decide to adopt a child by them.

6. If a child has only a mother or only a father, who, due to adoption, lose their legal connection with the child, the child's adoptive parent may be one man or one woman.

7. There is no limit to the number of children that one adopter can adopt.

Article 212. Persons who cannot be adoptive parents↑

1. Persons who: cannot be adoptive parents.

1) limited in capacity;

2) are declared incompetent;

3) deprived of parental rights, if these rights have not been renewed;

4) were adoptive parents (guardians, custodians, adoptive parents, foster parents) of another child, but the adoption was canceled or declared invalid (the guardianship, care or activities of the adoptive family or family-type orphanage were terminated) through their fault;

5) have mental disorders, including those resulting from the use of psychoactive substances, the presence of which is established on the grounds provided for by the Law of Ukraine "On Psychiatric Care" and other laws of Ukraine, in accordance with the procedure approved by the Cabinet of Ministers of Ukraine;

{Clause 5 of Part One of Article 212 as amended by Law No. 4439-IX of 05/14/2025 }

6) abuse alcohol or drugs;

7) do not have a permanent place of residence and permanent earnings (income);

8) have diseases, disorders or conditions, the list of which is approved by the central executive body that ensures the formation of state policy in the field of health care, which are established based on the results of a medical examination conducted in accordance with the procedure approved by the Cabinet of Ministers of Ukraine;

{Clause 8 of Part One of Article 212 as amended by Law No. 5462-VI of October 16, 2012 ; as amended by Law No. 4439-IX of May 14, 2025 }

9) are foreigners who are not married, except in cases where the foreigner is a relative of the child;

10) have been convicted of crimes against the foundations of national security of Ukraine, criminal offenses against life and health, freedom, honor and dignity, sexual freedom and sexual integrity of a person, against public safety, public order and morality, in the field of trafficking in narcotic drugs, psychotropic substances, their analogues or precursors, peace, security of humanity and international law, as well as for crimes provided for in Articles 164 , 166 , 167 , 169 , 181 , 187 of the Criminal Code of Ukraine, or have an outstanding or not expunged conviction for other criminal offenses in accordance with the procedure established by law;

{Clause 10 of Part One of Article 212 as amended by Law No. 720-IX of June 17, 2020 ; as amended by Law No. 4439-IX of May 14, 2025 }

11) due to health conditions, they require constant external care;

{Part one of Article 212 was supplemented by paragraph 11 in accordance with Law No. 3381-VI of 19.05.2011 }

12) are stateless persons;

{Part one of Article 212 was supplemented by paragraph 12 in accordance with Law No. 3381-VI of 19.05.2011 }

13) are married to a person who, in accordance with paragraphs 3-6, 8 and 10 of this article, cannot be an adoptive parent;

{Part one of Article 212 was supplemented by paragraph 13 in accordance with Law No. 3381-VI of 19.05.2011 }

14) committed domestic violence, gender-based violence and were subject to administrative penalties for committing it;

{Part one of Article 212 is supplemented by paragraph 14 in accordance with Law No. 4439-IX of 14.05.2025 }

15) are citizens of an aggressor state and/or a state against which Ukraine has applied sectoral sanctions;

{Part one of Article 212 is supplemented by paragraph 15 in accordance with Law No. 4439-IX of 14.05.2025 }

16) are married to a citizen of an aggressor state and/or a state against which Ukraine has applied sectoral sanctions.

{Part one of Article 212 is supplemented by paragraph 16 in accordance with Law No. 4439-IX of 14.05.2025 }

{Part one of Article 212 as amended by Law No. 257-VI of 10.04.2008 ; as amended by Law No. 1452-VI of 04.06.2009 }

2. In addition to the persons specified in part one of this article, other persons whose interests conflict with the interests of the child may not be adoptive parents.

Article 213. Persons who have the right to adopt a child over others↑

1. If there are several persons who have expressed a desire to adopt the same child, the preferential right to adopt the child shall be held by a citizen of Ukraine:

1) in whose family the child is being raised;

2) who is the husband of the mother, wife of the father of the child being adopted;

3) who adopts several children who are brothers or sisters;

4) who is a relative of the child.

2. In addition to the persons specified in part one of this article, the spouses have the preferential right to adopt a child.

Article 214. Registration of orphans and children deprived of parental care, including children who may be adopted, placed under guardianship, care, placed in foster families, family-type orphanages↑

1. Officials of guardianship and trusteeship bodies, heads of institutions where children who may be adopted, placed under guardianship, care or placed in foster families, family-type orphanages, as well as other persons who become aware of orphans and children deprived of parental care, are obliged to immediately submit information about them to the children's services of district state administrations in the cities of Kyiv and Sevastopol, city, town, village councils.

Registration of children who can be adopted (hereinafter referred to as local registration) is carried out by the children's services of district state administrations in the cities of Kyiv and Sevastopol, city, town, village councils at the place of origin of the orphan or child deprived of parental care, in accordance with the procedure established by the Cabinet of Ministers of Ukraine.

2. Children's Services of district state administrations in the cities of Kyiv and Sevastopol, city, town, village councils, if there are no persons who wish to adopt a child or take him or her under guardianship or care, within one month from the date of receipt of information about the child, are obliged to submit relevant information to the Council of Ministers of the Autonomous Republic of Crimea, regional, Kyiv or Sevastopol city state administration for registration of the child (hereinafter referred to as regional registration) and to the central executive body that ensures the formation and implementation of state policy in the field of adoption and protection of children's rights (hereinafter referred to as centralized registration).

3. The procedure for carrying out local, regional and centralized registration of orphans and children deprived of parental care who may be adopted, placed under guardianship, care or placed in foster families, family-type orphanages, and the procedure for transferring children for adoption shall be established by the Cabinet of Ministers of Ukraine.

{Article 214 as amended by Laws No. 3097-IV of 11/16/2005 , No. 3497-IV of 02/23/2006 , No. 3381-VI of 05/19/2011 , No. 4073-IX of 11/20/2024 ; as amended by Law No. 2541-IX of 08/30/2022 }

Article 215. Registration of persons wishing to adopt a child↑

1. Registration of persons wishing to adopt a child is maintained by the children's services of district state administrations in the cities of Kyiv and Sevastopol, city, town, village councils, and the central executive body that ensures the formation and implementation of state policy in the field of adoption and protection of children's rights, in accordance with the procedure established by the Cabinet of Ministers of Ukraine.

2. Registration of citizens of Ukraine who reside in Ukraine and wish to adopt a child is maintained by the children's services at their place of residence in accordance with the procedure established by the Cabinet of Ministers of Ukraine.

3. Registration of citizens of Ukraine residing outside Ukraine and foreigners wishing to adopt a child is maintained by the central executive body that ensures the formation and implementation of state policy in the field of adoption and protection of children's rights, in accordance with the procedure established by the Cabinet of Ministers of Ukraine.

{Article 215 as amended by Laws No. 3097-IV of 11/16/2005 , No. 3497-IV of 02/23/2006 , No. 3381-VI of 05/19/2011 , No. 5462-VI of 10/16/2012 , No. 4073-IX of 11/20/2024 ; as amended by Law No. 2541-IX of 08/30/2022 }

Article 216. Prohibition of intermediary, commercial activities regarding the adoption of children↑

1. Intermediary, commercial activities regarding the adoption of children by citizens of Ukraine or foreigners, the transfer of children under guardianship, care, placement in foster families, and family-type orphanages are prohibited.

{Part one of Article 216 as amended by Law No. 3381-VI of 05/19/2011 ; as amended by Law No. 2541-IX of 08/30/2022 }

Article 217. Consent of parents to the adoption of a child↑

1. The adoption of a child shall be carried out with the free consent of his or her parents.

2. The consent of the parents to the adoption of the child must be unconditional. An agreement on the payment by the adopter of a fee for the consent to the adoption of the child to the parents, guardians or other persons with whom the child lives is null and void.

3. Parents' consent to adoption may be given only after the child reaches the age of two months.

4. If the mother or father of the child are minors, in addition to their consent to the adoption, the consent of their parents is required.

5. The written consent of the parents to adoption shall be certified by a notary.

6. The mother and father of the child have the right to withdraw their consent to adoption before the court decision on adoption enters into force.

Article 218. Consent of a child to adoption↑

1. The consent of a child is required for adoption if the child has reached the age and level of development to express it.

{Paragraph one of part one of Article 218 as amended by Law No. 3497-IV of 23.02.2006 }

The child's consent to adoption is given in a form that is appropriate to his or her age and state of health.

{Paragraph two of part one of Article 218 as amended by Law No. 3497-IV of 23.02.2006 }

2. The child must be informed of the legal consequences of adoption.

3. Adoption shall be carried out without the consent of the child if, due to his or her age or health condition, the child is not aware of the fact of adoption.

4. The child's consent to adoption is not required if he or she lives in the adoptive family and considers them to be his or her parents.

Article 219. Adoption of a child without parental consent↑

1. The adoption of a child shall be carried out without the consent of the parents if they:

1) unknown;

2) declared missing;

3) are declared incompetent;

4) deprived of parental rights in relation to a child who is being adopted;

5) within two months after the birth of the child, they did not take the child into their family for upbringing and an entry about them in the Birth Registration Book was made in accordance with Article 135 of this Code.

{Part one of Article 219 was supplemented by paragraph 5 in accordance with Law No. 3381-VI of 19.05.2011 }

2. The adoption of a child may be carried out without the consent of the adult parents if the court establishes that they, having not lived with the child for more than six months without good reason, do not show parental care and concern for him, do not raise him, and do not support him.

Article 220. Consent of the other spouse to the adoption of a child↑

1. The adoption of a child by one spouse requires the written consent of the other spouse, certified by a notary.

2. The adoption of a child may be carried out without the consent of the other spouse if he or she is recognized as missing, incapacitated, or if there are other circumstances of significant importance.

{Part three of Article 220 was excluded on the basis of Law No. 524-V of 22.12.2006 }

Article 221. Consent of a guardian or trustee to the adoption of a child↑

1. The adoption of a child under guardianship or trusteeship, as well as the adoption of a child over whose parents under guardianship or trusteeship, requires the written consent of the guardian or trustee, regardless of the consent of the parents.

2. If the guardian or custodian has not given consent to the adoption of the child, such consent may be given by the guardianship and trusteeship body.

3. Adoption may be carried out without the consent of the guardian, trustee or guardianship and trusteeship body if the court establishes that the adoption of the child is in his or her best interests.

Article 222. Consent of a healthcare institution or educational institution to the adoption of a child↑

1. The adoption of a child who does not have parents and is in a healthcare institution or educational institution requires the written consent of this institution.

Adoption may be carried out without the consent of this institution if the court determines that the adoption of the child is in his or her best interests.

Article 223. Application for adoption of a child↑

1. A person wishing to adopt a child shall file an application for adoption with the court. Filing such an application through a representative is not permitted.

2. An application for adoption may be withdrawn before the court decision on adoption enters into force.

Article 224. Court decision on adoption↑

1. When making a decision on the adoption of a child, the court shall take into account circumstances of significant importance, in particular:

1) the health and financial situation of the person wishing to adopt a child, their marital status and living conditions, and their attitude towards raising a child;

2) the motives on the basis of which the person wishes to adopt a child;

3) the reasons why the other spouse does not wish to be an adoptive parent, if only one spouse has filed an application for adoption;

4) the compatibility of the person wishing to adopt a child and the child, as well as how long this person has been taking care of the child;

5) the child's identity and state of health;

6) the child's attitude towards the person who wishes to adopt him/her.

2. Subject to compliance with all the conditions established by this Code, the ability of the person wishing to adopt a child to ensure stable and harmonious conditions for the child's life, the court shall issue a decision declaring this person the adoptive parent of the child.

3. The court may not refuse a person adoption on the grounds that he or she already has or may give birth to a child.

4. When making a decision on the adoption of an adult person, the court shall take into account the motives on the basis of which the persons desire adoption, the possibility of their cohabitation, their marital status and state of health, as well as other circumstances of significant importance.

Article 225. The moment of adoption↑

1. Adoption is considered completed on the day the court decision on adoption enters into force.

{Part two of Article 225 was excluded on the basis of Law No. 2398-VI of 01.07.2010 }

Article 226. The right to privacy of adoption↑

1. A person has the right to confidentiality regarding registration of those wishing to adopt a child, the search for a child for adoption, the submission of an application for adoption and its consideration, and the court's decision on adoption.

2. An adopted child has the right to confidentiality, including from himself, of the fact of his adoption.

3. A person who has been adopted has the right, upon reaching the age of fourteen, to receive information regarding his or her adoption.

Article 227. The right to conceal the fact of adoption from an adopted child↑

1. The adoptive parent has the right to conceal the fact of adoption from the child adopted by him or her and to demand that this information not be disclosed by persons who become aware of it both before and after the child reaches the age of majority.

2. The adoptive parent has the right to conceal from the child the fact of his or her adoption if revealing the secret of the adoption may harm his or her interests.

3. If a child under the age of seven is adopted, officials, upon discovering his or her consent to the adoption, are required to take measures to ensure the secrecy of the adoption from the child himself or herself.

Article 228. Ensuring the secrecy of adoption↑

1. Persons who, in connection with the performance of their official duties, have access to information regarding adoption (registration of persons wishing to adopt a child, their search for a child for adoption, submission of an application for adoption, consideration of the adoption case, supervision of compliance with the rights of an adopted child, etc.), as well as other persons who become aware of the fact of adoption, are obliged not to disclose it, in particular when the adoption is not secret for the child itself.

{Part one of Article 228 as amended by Law No. 3497-IV of 23.02.2006 }

2. Information about adoption shall be issued by the court only with the consent of the adoptive parent, except in cases where such information is required by law enforcement agencies or the court in connection with a civil case or criminal proceedings.

{Part two of Article 228 as amended by Law No. 4652-VI of 13.04.2012 }

3. The secrecy of adoption is also ensured in accordance with Articles 229-231 of this Code.

4. Persons who have disclosed the secret of adoption shall bear the responsibility established by law.

Article 229. The right of the adoptive parent to be recorded as the mother or father of the child↑

1. A person who has filed an application for adoption may express a desire to be recorded in the Birth Registration Book as the mother, father of a child or an adult.

2. If a child who has reached the age of seven is adopted, then the consent of the child is required to record the adoptive parent as the mother or father, except for the case provided for in Part Four of Article 218 of this Code.

3. The court shall grant such an application of the adoptive parent in the adoption decision if it is in the best interests of the child.

Article 230. The right of the adoptive parent to change information about the place of birth and date of birth of the child↑

1. The person who filed an application for adoption may wish to change the information about the place of birth and date of birth of the child.

2. The date of birth of a child may be changed by no more than six months.

3. In the adoption decision, the court shall change the information about the place of birth and date of birth of the child if this is in his or her interests.

Article 231. Change of surname, first name and patronymic of an adopted person↑

1. If the adoptive parents are both a woman and a man and if they are registered as the child's parents, the child's last name and patronymic are changed accordingly.

At the request of the adoptive parents, the child's name may be changed. The child's consent is required for such a change. Such consent is not required if the child lives in the adoptive family and is accustomed to the new name.

2. If the adoptive parent is recorded as the child's father, the child's patronymic is changed accordingly.

3. If an adult person is adopted, his or her surname, first name, and patronymic may be changed in connection with the adoption upon application by the adopter and the adopted person.

4. The court shall note the changes provided for in this article in the adoption decision.

Article 232. Legal consequences of adoption↑

1. From the moment of adoption, personal and property rights and obligations between the parents and the adopted person, as well as between him or her and other relatives by descent, shall cease.

When a child is adopted by one person, these rights and obligations may be preserved at the request of the mother, if the adoptive parent is a man, or at the request of the father, if the adoptive parent is a woman.

2. If, after the death of one of the child's parents or the dissolution of a marriage with a person recognized by the court as incompetent, the other parent of the child remarried and his wife, husband in the remarriage wish to adopt the child, the child's grandmother, grandfather on the side of the parent who died or was recognized as incompetent, the child's siblings have the right to file an application with the court to maintain the legal relationship between them and the child being adopted.

{Paragraph one of part two of Article 232 as amended by Law No. 524-V of 22.12.2006 }

The court considers such an application simultaneously with the application for adoption and grants it if it is in the best interests of the child.

3. From the moment of adoption, mutual personal non-property and property rights and obligations arise between the adopted person (and in the future - between his children, grandchildren), and the adopter and his relatives by descent.

4. Adoption grants the adopter rights and imposes obligations on him/her in relation to the child he/she has adopted, to the same extent as the parents have in relation to the child.

5. Adoption grants the adopted person rights and imposes obligations on him or her towards the adopter to the same extent as a child has towards his or her parents.

Article 233. Making changes to the birth record of an adopted child↑

1. Based on the court decision on adoption, the state civil registration body shall make appropriate changes to the record of the birth of a child or an adult person, drawn up by the state civil registration bodies of Ukraine, and issue a new Birth Certificate taking into account these changes.

{Paragraph one of part one of Article 233 as amended by Law No. 2398-VI of 01.07.2010 }

The birth certificate that was issued previously is canceled.

{Paragraph two of part one of Article 233 as amended by Law No. 4017-IX of 10.10.2024 }

Article 234. Preservation of the rights of the child that he or she had before adoption↑

1. An adopted child retains the rights to a pension, other social benefits, as well as compensation for damage in connection with the loss of a breadwinner, which he or she had before adoption.

Article 235. Supervision of observance of the rights of an adopted child↑

1. The guardianship and trusteeship body shall supervise the observance of the rights of children who are adopted and reside in Ukraine .

2. Supervision of the observance of the rights of an adopted child shall be carried out until the child reaches the age of majority.

Article 236. Invalidity of adoption↑

1. Adoption shall be declared invalid by a court decision if it was carried out without the consent of the child and parents, if such consent was necessary.

2. Adoption shall be declared invalid by a court decision if the adopter did not wish for the rights and obligations arising from the adoption to arise (fictitious adoption).

3. An adoption may be declared invalid by a court decision if it was carried out on the basis of forged documents.

4. Adoption may be declared invalid by a court decision in the absence of consent to adoption from the persons specified in Articles 220-222 of this Code.

5. If one spouse adopts the child of the other spouse, the adoption may be declared invalid by a court decision if it is established that at the time of adoption the other spouse did not intend to continue marital relations with him.

Article 237. Legal consequences of declaring adoption invalid↑

1. An adoption declared invalid shall be annulled from the moment of its implementation.

{Part one of Article 237 as amended by Law No. 4017-IX of 10.10.2024 }

2. In the event of the adoption being declared invalid, the rights and obligations that arose previously and were established by law for the adopter, his relatives and the adopted child shall cease.

3. In the event of the adoption being declared invalid, the rights and obligations between the child, his or her parents and other relatives by descent shall be restored.

4. In the event of an adoption being declared invalid, a child under the age of fourteen shall, at the request of the parents or other relatives, be handed over to them.

In the event that the adoption is declared invalid in respect of a child who has reached the age of fourteen, the place of his or her further residence shall be determined with his or her consent.

If the child cannot be handed over to parents or other relatives, he or she is transferred to the custody of the guardianship and trusteeship body.

{Part Four of Article 237 as amended by Law No. 524-V of 22.12.2006 }

5. In the event of an adoption being declared invalid, the child's last name, first name, and patronymic that he or she had before the adoption shall be restored.

At the child's request, he or she has the right to continue to be called by the surname, first name, and patronymic that he or she received in connection with the adoption.

6. The court may issue a decision to collect child support from the person who was the adoptive parent for a period of no more than two years if the child has no parents or the parents are unable to support the child, provided that the adoptive parent can provide financial assistance.

Article 238. Cancellation of adoption↑

1. Adoption may be canceled by court decision if:

1) it contradicts the interests of the child and does not provide him with a family upbringing;

2) the child suffers from dementia, mental illness or other serious incurable illness, which the adoptive parent did not know and could not have known at the time of adoption;

3) a relationship has developed between the adoptive parent and the child, regardless of the will of the adoptive parent, which makes it impossible for them to live together and for the adoptive parent to fulfill his parental duties.

2. Cancellation of adoption is not permitted after the child reaches the age of majority.

Adoption may be canceled after the child reaches the age of majority if the unlawful behavior of the adoptee or adoptive parent threatens the life or health of the adoptive parent, adoptee, or other family members.

3. The adoption of an adult may be canceled by a court by mutual consent of the adopter and the adoptee or at the request of one of them, if family relations between them have not developed.

4. Adoption is canceled from the date of entry into force of the court decision.

Article 239. Legal consequences of annulment of adoption↑

1. In the event of the annulment of adoption, the rights and obligations arising in connection with the adoption between the child and the adoptive parent and his relatives shall cease for the future.

2. In the event of annulment of adoption, the rights and obligations between the child and his or her parents and other relatives by descent shall be restored.

3. In the event of cancellation of adoption, the child shall be transferred to the parents or other relatives at their request, and if this is impossible, the child shall be transferred to the guardianship and trusteeship body.

4. In the event of cancellation of adoption on the grounds specified in paragraph 1 of part one of Article 238 of this Code, if the child is not transferred to the parents, the child retains the right to reside in the residential premises in which he or she resided after adoption.

5. In the event of annulment of adoption, the child has the right to retain the surname, first name and patronymic that he or she received in connection with the adoption. At the child's request, he or she shall be assigned the surname, first name and patronymic that he or she had before the adoption.

6. In the event of cancellation of adoption on the grounds specified in paragraph 1 of part one of Article 238 of this Code, if the child is not transferred to the parents, the court may issue a decision to collect child support from the person who was the adoptive parent, provided that the latter can provide material assistance.

Article 240. Persons who have the right to apply to the court with a claim for the annulment of adoption or recognition of adoption as invalid↑

1. The right to apply to the court with a claim for the annulment of adoption or its invalidation shall be held by the parents, adoptive parent, guardian, trustee, guardianship and trusteeship body, prosecutor, as well as an adopted child who has reached the age of fourteen.

Article 241. Procedure for renewal of birth certificate in case of invalidation or cancellation of adoption↑

1. After the court decision to declare the adoption invalid or to cancel the adoption enters into force, the court is obliged to send a copy of the decision to the state civil status registration authority at the place of registration of the child's birth within a month.

2. The state civil registration authority, based on a court decision to cancel the adoption or declare it invalid, shall make appropriate changes to the birth certificate of the child.

Article 242. Deprivation of an adoptive parent of parental rights↑

1. If an adoptive parent was recorded as the mother or father of the child adopted by him, he may be deprived of parental rights on the grounds established in Article 164 of this Code.

2. In the event of deprivation of the adoptive parent of parental rights, the consequences established by Article 166 of this Code shall apply. In the event of the death of the adoptive parent deprived of parental rights, the child shall receive the right to inheritance on general grounds.

3. The parental rights of the adoptive parent may be renewed in accordance with the provisions of Article 169 of this Code.

Chapter 19 CARE AND CARE OF CHILDREN↑

Article 243. Children under guardianship or custody↑

1. Guardianship and guardianship shall be established over orphans and children deprived of parental care.

{Part one of Article 243 as amended by Law No. 3497-IV of 23.02.2006 }

2. Guardianship is established over a child who has not reached the age of fourteen, and guardianship is established over a child aged fourteen to eighteen.

3. Guardianship and custody of a child is established by the guardianship and custody body, as well as by the court in cases provided for by the Civil Code of Ukraine .

Article 244. A person who may be a guardian or custodian of a child↑

1. A capable adult may be a guardian or custodian of a child with his or her consent.

2. When appointing a guardian or custodian for a child, the guardianship and trusteeship body takes into account the personal qualities of the person, his or her ability to raise the child, his or her attitude towards the child, as well as the wishes of the child himself or herself.

Article 212 of this Code may not be guardians or custodians of a child .↑

{Part three of Article 244 as amended by Law No. 1452-VI of 04.06.2009 }

Article 245. Guardianship and care of a child residing in a healthcare institution, educational institution or other children's institution↑

{Title of Article 245 as amended by Law No. 3497-IV of 23.02.2006 }

1. If a child permanently resides in a healthcare institution, educational institution or other children's institution, the functions of guardian and trustee in relation to him or her shall be entrusted to the administration of these institutions.

{Article 245 as amended by Law No. 3497-IV of 23.02.2006 }

Article 246. Control by the guardianship and trusteeship body over the observance of the rights of a child under guardianship or trusteeship, a child in difficult life circumstances↑

{Title of Article 246 as amended by Law No. 1871-IX of 05.11.2021 }

1. The guardianship and trusteeship body shall monitor the conditions of maintenance, upbringing, and education of a child under guardianship or trusteeship.

2. In the event of establishing guardianship or custody of a child, placing the child in a foster family, a family-type orphanage, institutions for institutional care and upbringing, or making a decision to recognize the child as being in difficult life circumstances, the guardianship and custody body shall send a notification to the body carrying out state registration of rights to real estate at the location of such property about the real estate, the ownership right or the right of use of which such a child has in accordance with the law or contract.

{Article 246 supplemented by part two in accordance with Law No. 1871-IX of 05.11.2021 }

3. Legal representatives of an orphan or a child deprived of parental care may not, without the permission of the guardianship and trusteeship body, enter into transactions with respect to real estate, the ownership of which or the right to use which such a child has in accordance with the law or contract.

{Article 246 is supplemented by part three in accordance with Law No. 1871-IX of 05.11.2021 }

4. The permission of the guardianship and trusteeship body, provided for in part three of this article, is granted based on the results of an inspection conducted within one month from the date of application for permission.

{Article 246 is supplemented by part four in accordance with Law No. 1871-IX of 05.11.2021 }

5. The guardianship and trusteeship body shall refuse to grant permission to enter into a transaction regarding real estate, the ownership right to which or the right to use which, in accordance with the law or contract, is held by a child over whom guardianship or trusteeship has been established, in the cases specified in part five of Article 177 of this Code.

{Article 246 is supplemented by part five in accordance with Law No. 1871-IX of 05.11.2021 }

Article 247. Rights of a child under guardianship or trusteeship↑

1. A child under guardianship or trusteeship has the right:

1) to live in the family of a guardian or custodian, to be cared for by him/her;

2) to provide her with conditions for comprehensive development, education, upbringing and respect for her human dignity;

3) to retain the right to use the housing in which he or she lived before the establishment of guardianship or trusteeship. In the absence of housing, such a child has the right to receive it in accordance with the law;

4) for protection against abuse by a guardian or custodian.

2. The establishment of guardianship and trusteeship does not terminate the child's right to receive a pension, alimony, compensation for damage in connection with the loss of the breadwinner and other social benefits assigned to the child in accordance with the laws of Ukraine, as well as the child's right of ownership to these benefits.

{Part two of Article 247 as amended by Law No. 1390-VI of 21.05.2009 }

Article 248. Rights of an orphan and a child deprived of parental care living in a healthcare institution, educational or other children's institution, or foster family↑

{Title of Article 248 as amended by Law No. 3497-IV of 23.02.2006 }

1. An orphan and a child deprived of parental care who lives in a healthcare institution, educational or other children's institution, or a foster family has the right to:

{Paragraph one of part one of Article 248 as amended by Law No. 3497-IV of 23.02.2006 }

1) to comprehensive development, upbringing, education, and respect for her human dignity;

2) to retain the right to use the housing in which he/she previously lived. In the absence of housing, such a child has the right to receive it in accordance with the law;

3) to benefits established by law upon employment after the end of the period of stay in the specified institution;

4) for free legal aid in accordance with the procedure established by the Law of Ukraine "On Free Legal Aid".

{Part one of Article 248 is supplemented by paragraph 4 in accordance with Law No. 5477-VI of 06.11.2012 ; as amended by Law No. 3022-IX of 10.04.2023 }

2. The placement of a child in an institution specified in part one of this article does not terminate the child's right to alimony, pensions, other social benefits, as well as to compensation for damage due to the loss of the breadwinner.

Article 249. Rights and obligations of a guardian or custodian in relation to a child↑

1. A guardian or custodian is obliged to raise a child, take care of his or her health, physical, mental, and spiritual development, and ensure that the child receives a complete general secondary education.

The guardian or custodian has the right to independently determine the methods of raising the child, taking into account the child's opinion and the recommendations of the guardianship and trusteeship body.

2. A guardian or custodian has the right to demand the return of a child from any person who is keeping the child without the basis of law or a court decision.

3. A guardian or custodian has no right to prevent a child from communicating with his or her parents and other relatives, except in cases where such communication is contrary to the interests of the child.

4. The civil rights and obligations of a guardian or trustee are established by the Civil Code of Ukraine .

5. The grounds for the right to payment for the services of a guardian and trustee, its amount and the procedure for payment shall be established by the Cabinet of Ministers of Ukraine.

{Part five of Article 249 as amended by Law No. 524-V of 12/22/2006 }

Article 250. Termination of guardianship, care of a child↑

1. Guardianship and care of a child shall be terminated in cases established by the Civil Code of Ukraine .

Article 251. Release of the guardian and custodian of the child from their duties↑

1. A person may be relieved of the duties of a guardian or custodian of a child in cases provided for by the Civil Code of Ukraine , as well as when a relationship has developed between the guardian, custodian and the child that prevents them from exercising guardianship or care.

Chapter 20 PATRONAGE OVER CHILDREN↑

Article 252. Guardianship over a child↑

1. Patronage of a child is the temporary care, upbringing and rehabilitation of a child in the family of a foster parent for the period when the child, his/her parents or other legal representatives overcome difficult life circumstances.

2. A foster care family is a family in which, with the consent of all its members, an adult who has completed a special training course performs the duties of a foster care teacher on a professional basis.

3. A foster carer is a person who, with the participation of family members, provides services for the care, upbringing and rehabilitation of a child in their family.

Article 212 of this Code may not be foster carers .↑

5. Only children who are siblings or children who were raised in the same family may be placed in the foster care family at the same time.

6. The period of stay of a child in the family of a foster parent is established by the guardianship and trusteeship body and cannot exceed three months.

If there are circumstances that justify the need and expediency of the child's stay in the foster care family beyond the specified period, the guardianship and trusteeship body may extend it.

The total period of a child's stay in the foster care family cannot exceed six months.

7. The procedure for the creation and operation of a foster care family, placement and stay of a child in a foster care family shall be approved by the Cabinet of Ministers of Ukraine.

{Paragraph two of part seven of Article 252 was excluded on the basis of Law No. 1692-VIII of 19.10.2016 }

Article 253. Agreement on patronage over a child↑

1. Under a child patronage agreement, the guardianship and trusteeship body places a child in difficult life circumstances in the family of a foster parent.

A child custody agreement is concluded in writing.

A standard agreement on child patronage is approved by the Cabinet of Ministers of Ukraine.

2. The agreement on patronage over a child shall be terminated in the event of the adoption by the guardianship and trusteeship body of a decision to return the child to his/her parents, other legal representatives, to adopt him/her, to establish guardianship or custody over him/her, to place him/her for upbringing in a family of citizens (foster family or family-type orphanage) or in a children's institution, healthcare institution, educational or other institution, as well as in the event of the child reaching the age of majority, the death of the child or the patronage educator.

3. A contract for the patronage of a child may be terminated by agreement of the parties or by decision of the guardianship and trusteeship body or court in the event of the foster carer's failure to fulfill his or her obligations under the contract.

Article 254. Rights of a child placed in a foster family↑

1. The child's consent is required for placement in a foster family if the child has reached the age and level of development that allows him/her to express it.

2. The placement of a child in a foster family is carried out with the written consent of his or her parents or other legal representatives. If the mother or father of the child is a minor, in addition to their consent, the consent of their parents is required for the placement of the child in a foster family.

3. The placement of a child in the family of a foster parent is carried out without the consent of the parents or other legal representatives in the event that the child has been taken from them, there is no information about their whereabouts, or if there is an immediate threat to the life or health of the child.

4. During the period of a child's stay in the foster care family, the child retains the right to alimony, pension, other social benefits, as well as compensation for damage due to the loss of the breadwinner, which the child had before being placed in the foster care family.

5. A child placed in a foster family has the right to maintain personal contact with parents and other relatives.

6. A child placed in a foster family has other rights defined by law.

Article 255. Duties of a foster carer↑

1. A foster carer is obliged to:

1) provide the child with housing, clothing, food, etc.;

2) create conditions for the child to study, physically and spiritually develop;

3) cooperate with parents and other legal representatives of the child in order to overcome difficult life circumstances within the limits and in the manner determined by the guardianship and trusteeship body;

4) ensure the provision of or access to services specified in the child custody agreement;

5) facilitate the child's contacts with parents, other legal representatives, and relatives, except in cases where the parents are deprived of parental rights or are legally restricted in their right to communicate with the child.

Article 256. Payment for services for the provision of patronage over a child↑

1. Payment for the services of a foster carer and payment of social assistance for the maintenance of a child in the foster carer's family shall be made at the expense of local budgets in the amount and in the manner determined by the Cabinet of Ministers of Ukraine.

2. When a child is placed in the family of a foster parent, his or her parents are not released from their obligation to support the child.

{Chapter 20 as amended by Law No. 3497-IV of February 23, 2006 ; as amended by Law No. 936-VIII of January 26, 2016 }

Chapter 20 - 1 FOLLOWING FAMILY↑

Article 256 - 1. Foster family↑

1. Foster family - a family that has voluntarily taken in one to four orphans and children deprived of parental care for upbringing and living together.

Article 256 - 2. Foster parents↑

1. Foster parents - a spouse or an unmarried person who has taken in orphans and children deprived of parental care for joint residence and upbringing.

2. Foster parents shall bear the responsibilities for the upbringing and development of children provided for in Article 150 of this Code.

3. Adoptive parents cannot be persons specified in Article 212 of this Code.

{Part three of Article 256 - 2 as amended by Law No. 1452-VI of 04.06.2009 }

4. Foster parents are the legal representatives of foster children and act without special authority as guardians or trustees.

Article 256 - 3. Foster children↑

1. Foster children - orphans and children deprived of parental care, placed for upbringing and joint residence in a foster family.

2. The placement of an orphan or a child deprived of parental care in a foster family requires the consent of the child, if he or she has reached the age and level of development that allows him or her to express it.

The child's consent to being placed in a foster family is verified by an official of the institution in which the child is placed, in the presence of the adoptive parents and a representative of the guardianship and trusteeship authority, and a corresponding document is drawn up.

3. Foster children shall live and be raised in a foster family until they reach the age of 18. After reaching the age of 18, such persons, if they continue their studies at an institution of general secondary, vocational, pre-university or higher education, may, at their choice, continue to live and be raised in this foster family until they graduate from such an institution.

Orphans and children deprived of parental care who have been diagnosed with a disability may, at their choice, continue to live and be raised in a foster family until they reach the age of 23, regardless of whether they are studying at a general secondary, vocational, pre-university, or higher education institution.

{Part Three of Article 256 - 3 as amended by Law No. 1020-IX of 02.12.2020 - shall enter into force on 30.03.2021 ; as amended by Law No. 4574-IX of 21.08.2025 }

4. Adopted children retain the right to alimony, pension, other social benefits, as well as compensation for damage due to the loss of the breadwinner, which they had before being placed in a foster family.

5. Foster children have the right to maintain personal contact with their parents and other relatives, except in cases where this may harm their life, health and moral upbringing.

Article 256 - 4. Creation of a foster family↑

1. The decision to create a foster family and place a child (children) in it for upbringing and joint residence is made by the district state administration in the cities of Kyiv or Sevastopol, the executive committee of the city, town, village council in accordance with the procedure established by the Cabinet of Ministers of Ukraine.

2. An agreement on the organization of the activities of the foster family shall be concluded between the adoptive parents and the body that made the decision to create the foster family, based on a standard agreement. The agreement may be terminated in accordance with the procedure established by law.

3. The body that made the decision to create a foster family is obliged to cooperate with the foster parents regarding the maintenance and upbringing of the child (children).

4. Control over the implementation of the agreement on the organization of the activities of the foster family is carried out by the children's services of the regional, district, city and city administrations of Kyiv and Sevastopol.

5. The regulations on the foster family and the standard agreement on the organization of the activities of the foster family shall be approved by the Cabinet of Ministers of Ukraine.

{Article 256 - 4 as amended by Law No. 4073-IX of 11/20/2024 ; as amended by Law No. 2541-IX of 08/30/2022 }

{Chapter IV supplemented by Chapter 20 - 1 in accordance with Law No. 3497-IV of 23.02.2006 }

Chapter 20 - 2 FAMILY-TYPE CHILDREN'S HOME↑

Article 256 - 5. Family - type orphanage↑

1. A family-type orphanage is a separate family created at the request of a spouse or an individual who is not married to provide family upbringing and joint residence for at least five orphans and children deprived of parental care.

Article 256 - 6. Parents-educators of a family-type orphanage↑

1. Foster parents - a spouse or an unmarried individual who has taken in orphans and children deprived of parental care for upbringing and cohabitation.

2. Parents-educators bear the responsibilities for the upbringing and development of children, stipulated by Article 150 of this Code.

3. Parents-educators cannot be persons specified in Article 212 of this Code.

{Part Three of Article 256 - 6 as amended by Law No. 1452-VI of 04.06.2009 }

4. Parents-educators are the legal representatives of children and act without special authority as guardians or custodians.

5. Parents-educators are provided with an equipped individual residential building or multi-room apartment for the needs of a family-type orphanage on an exceptional basis in accordance with the standards established by law.

Article 256 - 7. Inmates of a family-type orphanage↑

1. The residents of a family-type orphanage are orphans and children deprived of parental care.

2. The placement of an orphan or a child deprived of parental care in a family-type orphanage requires the consent of the child if he or she has reached the age and level of development that allows him or her to express it.

The child's consent to being placed in a family-type orphanage is verified by an official of the institution in which the child is located, in the presence of the parents-educators and a representative of the guardianship and trusteeship authority, and a corresponding document is drawn up.

3. Children live and are raised in a family-type orphanage until they reach the age of 18. After reaching the age of 18, such persons, if they continue their studies at an institution of general secondary, vocational, pre-university or higher education, may, at their choice, continue to live and be raised in this family-type orphanage until they graduate from such an institution.

Orphans and children deprived of parental care who have been diagnosed with a disability may, at their choice, continue to live and be raised in a family-type orphanage until they reach the age of 23, regardless of whether they are studying at a general secondary, vocational, pre-university, or higher education institution.

{Part Three of Article 256 - 7 as amended by Law No. 1020-IX of 02.12.2020 - shall enter into force on 30.03.2021 ; as amended by Law No. 4574-IX of 21.08.2025 }

4. Inmates of a family-type orphanage retain the right to alimony, pension, other social payments, as well as compensation for damage due to the loss of the breadwinner, which they had before being placed in a family-type orphanage.

5. Pupils have the right to maintain personal contact with their parents and other relatives, except in cases where this may harm their life, health, and moral upbringing.

Article 256 - 8. Creation of a family-type orphanage↑

1. The decision to establish a family-type orphanage and place a child (children) in it is made by district state administrations in the cities of Kyiv and Sevastopol, executive committees of city, town, and village councils in accordance with the procedure established by the Cabinet of Ministers of Ukraine.

2. An agreement on the organization of the activities of a family-type orphanage shall be concluded between the parents-educators and the body that made the decision to establish a family-type orphanage, based on a standard agreement. The agreement may be terminated in accordance with the procedure established by law.

3. Control over the implementation of the agreement on the organization of the activities of a family-type orphanage is carried out by the children's services of the regional, district, city and city administrations of Kyiv and Sevastopol.

4. The Regulations on a family-type orphanage and a standard agreement on the organization of the activities of a family-type orphanage shall be approved by the Cabinet of Ministers of Ukraine.

{Article 256 - 8 as amended by Law No. 4073-IX of 11/20/2024 ; as amended by Law No. 2541-IX of 08/30/2022 }

{Chapter IV supplemented by Chapter 20 - 2 in accordance with Law No. 3497-IV of 23.02.2006 }

Chapter V RIGHTS AND OBLIGATIONS OF OTHER FAMILY MEMBERS AND RELATIVES↑

Chapter 21 PERSONAL NON-PROPERTY RIGHTS AND OBLIGATIONS OF OTHER FAMILY MEMBERS AND RELATIVES↑

Article 257. Rights of grandparents, great-grandparents to raise grandchildren, great-grandchildren↑

1. Grandparents, great-grandparents, and great-grandfathers have the right to communicate with their grandchildren and great-grandchildren and to participate in their upbringing.

2. Parents or other persons with whom the child lives do not have the right to prevent grandparents from exercising their rights to raise grandchildren or great-grandchildren.

If such obstacles are created, the grandmother, grandfather, great-grandmother, great-grandfather have the right to apply to the court with a claim to remove them.

Article 258. Rights of grandparents regarding the protection of grandchildren↑

1. Grandparents have the right to self-defense of their grandchildren.

2. Grandparents have the right to apply to the guardianship and trusteeship body or to the court without special powers for the protection of the rights and interests of minors, minors, and adults who are incapable of working.

Article 259. Rights of brothers and sisters to communicate↑

1. The rights and obligations established by law for brothers and sisters shall be enjoyed by full (full, half) brothers and sisters.

2. Brothers and sisters, particularly those who do not live together, have the right to communicate.

3. Mother, father, grandmother, grandfather, and other persons with whom minor brothers and sisters live are obliged to facilitate their communication.

4. Adults have the right to participate in the upbringing of their minor brothers and sisters, regardless of their place of residence.

Article 260. The right of a stepmother or stepfather to participate in the upbringing of a stepson or stepdaughter↑

1. If a stepmother or stepfather live in the same family with a minor, underage stepchild or stepdaughter, they have the right to participate in their upbringing.

Article 261. Rights and obligations of a person who has taken a child into his family regarding his upbringing↑

1. A person who has taken into his or her family an orphan or a child deprived of parental care has the rights and obligations regarding his or her upbringing and protection in accordance with the provisions of Articles 249 and 262 of this Code.

{Part one of Article 261 as amended by Law No. 3497-IV of 23.02.2006 }

Article 262. Rights of sister, brother, stepmother, stepfather and other family members to protect children↑

1. A sister, brother, stepmother, and stepfather have the right to self-defense of their minor, underage, or adult, disabled brothers, sisters, stepson, or stepdaughter.

2. A sister, brother, stepmother, and stepfather have the right to apply to the guardianship and trusteeship body or to the court without special powers for the protection of the rights and interests of minors, minors, and adult disabled brothers, sisters, stepsons, and stepdaughters.

Article 263. Resolution by the court of disputes regarding the participation of grandmother, grandfather, great-grandmother, great-grandfather, brothers, sisters, stepmother, stepfather in raising a child↑

1. A dispute regarding the participation of a grandmother, grandfather, great-grandmother, great-grandfather, brother, sister, stepmother, stepfather in raising a child shall be resolved by court in accordance with Article 159 of this Code.

Article 264. Obligations of a person to take care of a grandmother, grandfather, great-grandmother, great-grandfather, as well as those with whom he lived in the same family↑

1. Grandchildren and great-grandchildren are obliged to take care of their grandparents, great-grandparents, and great-grandparents.

2. Adult brothers, sisters, stepchildren, and stepdaughters are obliged to take care of their brother, sister, stepfather, and stepmother, who raised them and provided them with material assistance.

Such an obligation also applies to persons with whom they lived in the same family before reaching the age of majority.

Chapter 22 OBLIGATION TO SUPPORT OTHER FAMILY MEMBERS AND RELATIVES↑

Article 265. The obligation of grandparents to support grandchildren↑

1. Grandparents are obliged to support their young, underage grandchildren if they do not have a mother or father or if the parents cannot provide them with adequate support for good reasons, provided that the grandparents can provide material assistance.

Article 266. The obligation of grandchildren and great-grandchildren to support their grandparents, great-grandparents, and great-grandparents↑

1. Adult grandchildren and great-grandchildren are obliged to support an incapacitated grandmother, grandfather, great-grandmother, great-grandfather who need financial assistance and if they do not have a husband, wife, adult daughter, son, or these persons cannot provide them with proper support for good reasons, provided that adult grandchildren and great-grandchildren can provide financial assistance.

Article 267. Obligation to support siblings↑

1. Adult brothers and sisters are obliged to support minors and underage brothers and sisters who need financial assistance and if they do not have parents, a husband, a wife, or these persons, for good reason, cannot provide them with adequate support, provided that adult brothers and sisters can provide financial assistance.

2. Adult brothers and sisters are obliged to support disabled adult brothers and sisters who need financial assistance if they do not have a husband, wife, parents or adult daughter or son, provided that the adult brothers and sisters can provide financial assistance.

Article 268. The obligation of a stepmother or stepfather to support a stepdaughter or stepson↑

1. Stepmothers and stepfathers are obliged to support minors, underage stepdaughters and stepsons who live with them, if they do not have a mother, father, grandfather, grandmother, adult brothers and sisters or these persons, for good reasons, cannot provide them with proper support, provided that the stepmother and stepfather can provide material assistance.

2. The court may release a stepfather or stepmother from the obligation to support a stepdaughter or stepson or limit it to a certain period, in particular in the case of:

1) short-term residence with their mother or father;

2) inappropriate behavior in marital relations of the mother or father of the child.

Article 269. Obligation of other persons to maintain a child↑

1. Persons in whose family a child was raised are obliged to provide him with material assistance if he does not have parents, grandparents, or adult brothers and sisters, provided that these persons can provide material assistance.

Article 270. The obligation of a stepdaughter or stepson to support a stepmother or stepfather↑

1. An adult stepdaughter or stepson is obliged to support an incapacitated stepmother or stepfather if they need financial assistance and if they have provided the stepdaughter or stepson with systematic financial assistance for at least five years, provided that the stepdaughter or stepson can provide financial assistance.

2. The obligation of a stepdaughter or stepson to support a stepmother or stepfather arises if the stepmother or stepfather does not have a husband, wife, adult daughter, son, brothers and sisters, or if these persons, for good reasons, cannot provide them with adequate support.

Article 271. The obligation of a person to support those with whom he lived in the same family until reaching the age of majority↑

1. If a person lived with relatives or other persons in the same family before reaching the age of majority, he or she is obliged to support disabled relatives and other persons with whom he or she lived for at least five years, provided that this person can provide material assistance.

This obligation arises if the person in need of financial assistance does not have a wife, husband, adult daughter, son, brothers and sisters, or these persons, for good reasons, cannot provide them with adequate support.

Article 272. The amount of alimony collected from other family members and relatives and the terms of their collection↑

1. The amount of alimony collected from other family members and relatives for children and disabled adults who need financial assistance is determined as a share of earnings (income) or as a fixed amount of money.

When determining the amount of alimony, the court takes into account the financial and family status of the alimony payer and recipient.

2. If the claim is not brought against all the obligated persons, but only against some of them, the amount of alimony shall be determined taking into account the obligation of all the obligated persons to provide maintenance. In this case, the total amount of alimony to be collected for one child must be necessary and sufficient to ensure the harmonious development of the child and cannot be less than 50 percent of the subsistence minimum for a child of the appropriate age.

The minimum recommended total amount of alimony to be collected from other family members and relatives for one child is the amount of the subsistence minimum for a child of the appropriate age and may be awarded by the court if the earnings (income) of the alimony payer are sufficient.

{Part two of Article 272 as amended by Law No. 2901-IV of September 22, 2005 ; as amended by Law No. 2008-IX of January 26, 2022 }

3. The court may determine the period during which alimony will be collected.

Article 273. Changing the amount of alimony and exemption from its payment↑

1. If the financial or marital status of the person paying alimony or the person receiving it has changed, the court may, at the request of either of them, change the established amount of alimony or exempt them from paying it.

The court may exempt from paying alimony the persons specified in Articles 267-271 of this Code, if there are other circumstances of significant importance.

Article 274. Determination of alimony debts collected from other family members and relatives. Full or partial exemption from alimony debts↑

1. Determination of arrears for alimony collected from other family members and relatives, as well as their full or partial exemption from payment of arrears, shall be carried out in accordance with the provisions established by Articles 194-197 of this Code.

Chapter VI FEATURES OF THE ADOPTION OF CHILDREN BY CITIZENS OF UKRAINE LIVING ABROAD AND BY FOREIGNERS↑

{Title of Section VI as amended by Laws No. 2709-IV of 06/23/2005 , No. 3381-VI of 05/19/2011 }

{Article 275 was excluded on the basis of Law No. 2709-IV of 23.06.2005 }

{Article 276 was excluded on the basis of Law No. 2709-IV of 23.06.2005 }

{Article 277 was excluded on the basis of Law No. 2709-IV of 23.06.2005 }

{Article 278 was excluded on the basis of Law No. 2709-IV of 23.06.2005 }

{Article 279 was excluded on the basis of Law No. 2709-IV of 23.06.2005 }

{Article 280 was excluded on the basis of Law No. 2709-IV of 23.06.2005 }

{Article 281 was excluded on the basis of Law No. 2709-IV of 23.06.2005 }

Article 282. Adoption of a child who is a citizen of Ukraine but lives outside Ukraine↑

1. Adoption by a citizen of Ukraine of a child who is a citizen of Ukraine but lives outside Ukraine shall be carried out at a consular office or diplomatic mission of Ukraine.

If the adoptive parent is not a citizen of Ukraine, the adoption of a child who is a citizen of Ukraine requires permission from the central executive body that implements state policy in the field of adoption and protection of children's rights.

{Paragraph two of part one of Article 282 as amended by Laws No. 3097-IV of 11/16/2005 , No. 5462-VI of 10/16/2012 }

The adoption by a foreigner of a child who is a citizen of Ukraine, carried out in the relevant bodies of the state on whose territory the child resides, is valid subject to prior permission from the central executive body that implements state policy in the field of adoption and protection of children's rights.

{Paragraph three of part one of Article 282 as amended by Laws No. 3097-IV of 11/16/2005 , No. 5462-VI of 10/16/2012 }

Article 283. Adoption by a foreigner of a child who is a citizen of Ukraine↑

1. Adoption by a foreigner in Ukraine of a child who is a citizen of Ukraine shall be carried out on the general grounds established by Chapter 18 of this Code.

2. A child who is a citizen of Ukraine may be adopted by a foreigner if he or she has been registered for at least one year with the central executive body implementing state policy in the field of adoption and protection of children's rights, and has reached the age of five.

Adoption may be carried out before the expiration of the specified period, as well as before the child reaches the age of five, if:

1) the adoptive parent is a relative of the child;

2) the child suffers from a disease included in a special list of diseases approved by the central executive body that ensures the formation of state policy in the field of healthcare;

{Clause 2 of Part Two of Article 283 as amended by Law No. 5462-VI of October 16, 2012 }

3) adoption of all siblings into one family is carried out if one of them has reached the age of five and has been registered with the central executive body implementing state policy in the field of adoption and protection of children's rights for at least one year;

4) foreigners expressed a desire to adopt a child who is a brother or sister of a child previously adopted by them.

{Part two of Article 283 as amended by Law No. 3097-IV of 11/16/2005 ; as amended by Law No. 3381-VI of 05/19/2011 }

3. A child may be adopted by a foreigner if there is no citizen of Ukraine who would like to adopt or take the child into their family for upbringing.

{Paragraph one of part three of Article 283 as amended by Law No. 3381-VI of 19.05.2011 }

The preferential right to adopt a child who is a citizen of Ukraine is held by foreigners who are:

1) relatives of the child;

2) citizens of states with which Ukraine has concluded an agreement on the provision of legal assistance.

{Part Three of Article 283 as amended by Law No. 3097-IV of 16.11.2005 }

4. The adoption of a child by a foreigner requires the consent of the central executive body that implements state policy in the field of adoption and protection of children's rights.

The central executive body implementing state policy in the field of adoption and protection of children's rights shall, in accordance with the procedure established by the Cabinet of Ministers of Ukraine, send a request to the Ministry of Internal Affairs of Ukraine to check foreigners adopting a child who is a citizen of Ukraine for the presence or absence of compromising information in law enforcement agencies of other states and the General Secretariat of Interpol.

{Part Four of Article 283 as amended by Laws No. 3097-IV of 11/16/2005 , No. 1452-VI of 06/04/2009 ; as amended by Law No. 3381-VI of 05/19/2011 }

5. Adoption by foreigners is carried out on the condition that the child is provided with rights in an amount not less than that established by the laws of Ukraine.

6. An adopted child retains Ukrainian citizenship until he or she reaches the age of eighteen.

An adopted child has the right to preserve his or her national identity in accordance with the Convention on the Rights of the Child and other international treaties.

Article 284. Adoption of a child who is a foreigner and resides in Ukraine↑

1. Adoption of a child who is a foreigner and resides in Ukraine is carried out by citizens of Ukraine or foreigners residing in Ukraine on general grounds.

Article 285. Restriction of a foreigner's right to secrecy regarding the adoption of a child who is a citizen of Ukraine↑

1. The adoption of a child who is a citizen of Ukraine by a person who is a citizen of a state with which Ukraine does not have an agreement on the provision of legal assistance is not secret if the adoption is not secret in the state in which the adopter permanently resides and to which the child is to move.

2. The adoption of a child who is a citizen of Ukraine by a person who is a citizen of a state with which Ukraine does not have an agreement on the provision of legal assistance, and if this person does not permanently reside in Ukraine, is not secret.

Article 286. Adoption in Ukraine by a foreigner of a child who is a foreigner or a stateless person↑

1. Adoption by a foreigner of a child who is a foreigner or a stateless person shall be carried out in Ukraine in accordance with the laws of Ukraine, unless otherwise established by international treaties of Ukraine.

{Text of Article 286 as amended by Law No. 3381-VI of 05/19/2011 }

Article 287. Supervision of observance of the rights of children adopted by foreigners↑

1. If children are adopted by foreigners and live outside Ukraine, the relevant consular institution, on behalf of the Ministry of Foreign Affairs of Ukraine, keeps records of these children and supervises compliance with their rights until they reach the age of eighteen.

The procedure for supervising compliance with the rights of children adopted by foreigners and living outside Ukraine is established by the Cabinet of Ministers of Ukraine.

{Article 288 was excluded on the basis of Law No. 2709-IV of 23.06.2005 }

{Article 289 was excluded on the basis of Law No. 2709-IV of 23.06.2005 }

{Article 290 was excluded on the basis of Law No. 2709-IV of 23.06.2005 }

{Article 291 was excluded on the basis of Law No. 2709-IV of 23.06.2005 }

{Article 292 was excluded on the basis of Law No. 2709-IV of 23.06.2005 }

Chapter VII FINAL PROVISIONS↑

1. This Code shall enter into force simultaneously with the entry into force of the Civil Code of Ukraine.

{Clause 1 of Section VII as amended by Law No. 407-IV of 26.12.2002 }

2. To declare as invalid upon the entry into force of the Family Code of Ukraine:

{Paragraph one of clause 2 of section VII as amended by Law No. 407-IV of 26.12.2002 }

1) Code of Marriage and Family of Ukraine (Vedomosti Verkhovnoi Rada of the Ukrainian SSR, 1969, appendix to No. 26, art. 204; 1971, No. 20, art. 141; 1973, No. 21, art. 181; 1980, No. 38, art. 754; 1984, No. 7, art. 136; 1985, No. 11, art. 205, art. 206; 1987, No. 8, art. 149, No. 35, art. 674; 1991, No. 9, art. 89; Vedomosti Verkhovnoi Rada of Ukraine, 1992, No. 4, art. 25, No. 36, art. 528; 1996, No. 7, Art. 26; 2000, No. 9, Art. 67, No. 50, Art. 436).

Chapter V "Civil Status Acts" shall remain in force insofar as it does not contradict this Code until the adoption of a special law;↑

2) Law of the Ukrainian SSR of June 20, 1969 "On Approval of the Code of Marriage and Family of the Ukrainian SSR" (Vedomosti Verkhovnoi Rada of the Ukrainian SSR, 1969, No. 26, p. 204);

3) Decree of the Presidium of the Supreme Soviet of the Ukrainian SSR of December 29, 1969 "On the Procedure for Enacting the Code of Marriage and Family of the Ukrainian SSR" (Vidomosti Verkhovnoi Rada of the Ukrainian SSR, 1970, No. 2, p. 16; 1980, No. 38, p. 754).

2 - 1. During the quarantine established by the Cabinet of Ministers of Ukraine to prevent the spread of coronavirus disease (COVID-19), the terms specified in Articles 72 , 128 , 129 , 139 of this Code shall be extended for the duration of such quarantine.

{Chapter VII supplemented by paragraph 2 - 1 in accordance with Law No. 540-IX of 30.03.2020 }

3. The Cabinet of Ministers of Ukraine:

submit to the Verkhovna Rada of Ukraine, within three months from the date of publication of this Code, proposals for amendments to the laws of Ukraine that arise from this Code;

bring its regulatory legal acts into compliance with this Code;

to ensure that ministries and other central executive bodies bring their regulatory legal acts into compliance with this Code.

Family Code of Ukraine Code of Ukraine; Code, Law of 10.01.2002 No. 2947-III Edition of 05.08.2026 , basis — 2541-IX Permanent address: https://zakon.rada.gov.ua/go/2947-14

The legislation of Ukraine as of 09/25/2026 is in force

Document publications

Voice of Ukraine from 26.02.2002 — No. 38

Official Gazette of Ukraine dated 01.03.2002 — 2002, No. 7, p. 1, article 273, act code 21469/2002

Government Courier dated 06.03.2002 — No. 44

Bulletin of the Verkhovna Rada of Ukraine dated 31.05.2002 — 2002, No. 21, Article 135