Rights and Duties of a Mother, a Father and a Child.

Section 3. Rights and Duties of a Mother, a Father and a Child.

Chapter 12. Determination of parentage of a child.

Clause 121. General bases of beginning of rights and duties of a mother, a father and a child.

1. Duties and rights of a mother, a father and a child are based on the parentage of a child, which is registered by the civil registrar’s office in accordance with the order, mentioned in Clauses 122 and 125 of this Law.

Clause 122. Determination of parentage of a child from a mother and a father, who are in marriage.

1. A child, who was conceived and born in marriage, originates from these spouses. Parentage of the child is determined on grounds of a marriage certificate and a medical document, saying about the birth of the child.

2. A child, who was born within 10 months after the marriage had been dissolved or acknowledged invalid, originates from the spouses, excluding the case, mentioned in Clause 124 of this Law.

3. The wife and the husband have right to lodge their application in the civil registrar’s office for non-acknowledging the husband as the father of the child. In this case parentage of the child is determined in accordance with Item 1, Clause 135 of this Law.

Clause 123. Determination of parentage of a child, who was conceived through artificial impregnation and implantation of embryo.

1. If the wife got pregnant through artificial impregnation of embryo, which was performed through her husband’s agreement in written form, he is recorded as the father of the child who was born by his wife.

2. In case of implantation of embryo, which was conceived by spouses, in a body of another woman, the parents of the child are considered the spouses.

3. If an embryo, conceived by a man, who is in a marriage, and another woman, was implanted in body of his wife, the child is considered the child of spouses.

Clause 124. Determination of father of a child in case if the child’s mother gets remarried.

1. If a child is born within 10 months after the marriage was dissolved or acknowledged invalid, but after the day when the child’s mother got remarried with another man, the father of the child is considered her husband, with whom the woman got remarried. Fatherhood of the ex-husband can be acknowledged on ground of the application of the ex-husband and the current husband or through the court decree.

Clause 125. Determination of parentage of a child, whose parents are not in a marriage.

1. If a mother and a father of a child are not in a marriage, parentage of the child from a mother is determined on ground of the medical document about birth of the child.

2. If a mother and a father of a child are not in a marriage, parentage of the child from a father is determined:
1) through an application of a mother and a father;
2) through an application of a man, who thinks that he is a father of the child;
3) through court decree.

Clause 126. Determination of parentage of a child from a father through the application of the woman and the man, who are not in a marriage.

1. The parentage of a child from a father is determined through the application of the woman and the man, who are not in marriage. Such an application can be lodged in the civil registrar’s office either before or after the birth of a child.

2. If the male person, who lodges the application to acknowledge him a father of a child, is non-adult, the civil registrar’s office is to inform his parents (custodian) about the record that he is a parent.

3. If the application about determination of parentage cannot be lodged personally, it can be lodged by a representative or it can be sent by mail. In this case the application must be notarized.

Clause 127. Determination of parentage of a child through the application of a man, who thinks that he is a father.

1. A man, who is not in marriage with a mother of a child, can lodge his application in the civil registrar’s office about acknowledging him a father of the child, whose mother died or is declared dead, legally incapable, or
declared missing or is deprived of parent’s right or if the mother of the child does not live with the child during more than 6 months and does not provide the child with mother’s care and love. Circumstance of accepting such an application is the record about father of the child in the birth register in accordance with Item 1, Clause 135 of this Law.

Clause 128. Acknowledging fatherhood through the court decree.

1. If the application, the right for which is mentioned in Clauses 126 and 127, is absent, the fatherhood can be determined through the court decree.

2. Grounds for acknowledging fatherhood are any information, which can evidence parentage of a child from the certain person and which has been received in accordance with Civil procedural code of Ukraine.

3. The action for acknowledging fatherhood can be made by a mother of a child, guardian, custodian of a child, a person, who takes care for a child or by the child him/herself who is adult. The action for acknowledging fatherhood can be made by a person, who thinks that he is a father of the child.

4. The action for acknowledging fatherhood is accepted by the court, if the record about father of a child in the birth register was made in accordance with Item One, Clause 135 of this Law.

Clause 129. Debate about fatherhood between a husband of a mother’s child and a man, who thinks that he is a father of this child.

1. The man, who thinks that he is a father of a child, born by a woman, who was in marriage with another man at the moment of impregnation or birth of the child, has the right for the action for acknowledging him a father
against her husband, if he was recorded as the child’s father.

2. The right to make the action for acknowledging fatherhood has the time limitation, which is 1 year, beginning from the day when the person got to know or could know about his fatherhood.

Clause 130. Establishing a fact of fatherhood through the court decree.

1. In case of death of a man, who was not in marriage with a mother’s child, the fact of his fatherhood can be established through court decree. The application about establishing the fact of fatherhood is accepted by court
if the record if the record about father of a child in the birth register was made in accordance with Item One, Clause 135 of this Law.

2. The application about establishing the fact of fatherhood can be lodged by persons, determined in Item 3, Clause 128 of this Law.

Clause 131. Acknowledging motherhood through the court decree.

1. A woman, who thinks that she is a mother of a child, can apply to the court for acknowledging her as a mother, if the record of a mother of a child was made in accordance with Item 2, Clause 135 of this Law.

Clause 132. Establishing a fact of a motherhood through the court decree.

1. If a woman, who had thought that she had been a mother of a child, died, the fact of her motherhood can be established through the court decree. The action for establishing the fact of motherhood is accepted by the court, if the record about a mother of a child in the birth register was made in accordance with Item 2, Clause 135 of this Law.

2. The action for establishing a fact of motherhood can be made by a father, a guardian, custodian of a child, a person, who takes care for a child or by the child him/herself who is adult.

Clause 133. Recording spouses as parents of a child.

1. If a child was born into the family of spouses, a wife is recorded as a mother and a husband is recorded as a father of a child.

Clause 134. Registration of fatherhood, motherhood.

1. On the ground of an application of persons, mentioned in Clauses 126 and 127 of this Law or of the court decree the civil registrar’s office makes adequate changes in the birth register and issues the new birth certificate.

Clause 135. Record of parents of a child if fatherhood (motherhood) has not been established.

1. When a child is born by a mother, who is not married, in case if there is no joint application of parents, no application of a father, no court decree, a record about the child’s father is made in the birth registration book as follows: mother’s surname is recorded, and the name and patronymic of the child’s father are recorded as the child’s mother will say.

In case of child’s mother’s death or if it is not possible to establish a place of her residence, records of a mother and a father of the child are made in accordance with this clause, through an application of the relatives, or other persons, or an authorized representative of the medical establishment, where the child was born.

2. If parents are unknown, records about the parents are made in the birth registration book in accordance with a decision of the body of custody and guardianship.

Clause 136. A man, who was recorded as a father of a child, can dispute his fatherhood.

1. A man, who was recorded as a father of a child in accordance with Clause 122, 124, 126 and 127 of this Law, has a right to dispute his fatherhood, making an action for canceling the record about him as about father of the child.

2. If absence of blood relationship between the man, who was recorded as a father, and the child is proved, the court produces the court decree to cancel the record about the man as about a father.

3. Disputing fatherhood is possible only after the birth of the child and before the child reaches the age of consent.

4. Disputing fatherhood is impossible in case of death of the child.

5. A man, who knew that he was not a father of a child at the moment of registration of his fatherhood, or a man who agreed for his wife to have artificial impregnation has no right to dispute his fatherhood.

6. Limitation of action for request of a man to cancel the record about his fatherhood is not applicable.

Clause 137. Disputing fatherhood after the man, who was recorded as a father, died.

1. If that man, who was recorded as a father of a child, had died before the child was born, his inheritors have right to dispute his fatherhood, if he had lodged his application about disclaimer of his fatherhood to the notary
public when he had been alive.

2. If that man, who was recorded as a father of a child, died after he made an action for canceling the record about him as about a father of a child, the action can be supported in the court by his inheritors.

3. If through good reasons a man did not know that he had been recorded as a father and died, the action for canceling the record of his fatherhood can be made by his inheritors: his wife, parents or children.

4. Limitation of action to cancel the record about a man’s fatherhood is not applicable.

Clause 138. The right of a mother of a child to dispute fatherhood of her husband.

1. A woman, who gave a birth to a child in marriage, has the right to dispute fatherhood of her husband.

2. The request of a mother of a child to cancel the record of her husband’s fatherhood can be satisfied only if another man lodges his application about his fatherhood.

3. Limitation of action of a mother of a child for changing the record about fatherhood is one year from the date when the birth of a child was registered.

Clause 139. To dispute motherhood.

1. A woman, who was recorded as a mother of a child, can dispute her motherhood.

2. A woman, who thinks that she is a mother of a child, has a right to make an action for acknowledging her motherhood against a woman, who was recorded as a mother of a child. To dispute motherhood is not possible in cases, mentioned in Items 2 and 3 of Clause 123 of this Law.

3. Limitation of action for acknowledging motherhood is one year from the date when a woman got to know or could get to know that she was a mother.

Clause 140. Disputing fatherhood (motherhood) by a man (a woman) who pays alimony through the court decree.

1. If a father (a mother) pays alimony for a child, this does not prevent him (her) from making an action for canceling the record about him (her) as about a father (a mother) of a child.

Chapter 13. Personal non-property rights and responsibilities of parents and children.

Clause 141. Equal parental rights and responsibilities in respect of the child.

The mother and the father assume equal rights and responsibilities in respect of the child irrespectively of whether they were married to each other or not.
Dissolution of parents’ marriage, their living separately from the child does not affect the scope of their rights and does not release them from responsibilities in respect of the child.
Clause 142. Equal children’ rights and responsibilities in respect of their parents

Children assume equal rights and responsibilities in respect of their parents irrespectively of whether their parents were married to each other or not.
Clause 143. Parental responsibility to take the child away from the maternity home or any other health institution.

The child’s mother and the father married to each other shall have the responsibility to take the child away from the maternity home or any other health institution.
The unmarried mother shall the responsibility to take the child away from the maternity home or any other health institution.
The parents may abandon the child in the maternity home or any other health institution if the child suffers from serious physical and/or mental handicaps, as well as under other essential circumstances.
Whenever the parents did not take the child away from the maternity home or any other health institution, the child’s grandmother, grandfather, other relatives may take him/her away upon permission of the Custody and Care Authority.
Clause 144. Parent’s responsibility to register the child’s birth in the civil registrar’s office.

The parents shall register the child’s birth in the public civil status act registration authority without delay but not later than one month after the child has been born. Disregard of this responsibility constitutes the ground for them to be brought to responsibility prescribed by law.
If the parents die or are unable, for valid reasons, to register the child’s birth, such registration is made upon application by relatives, other persons, and authorized representative of the health institution where the child was delivered or where the child stays at the time of registration.
The child’s birth registration is made by the civil registrar’s office that is also indicates the parentage and passing on to the child the family name, the first name and patronymic.
The child’s birth is attested by the Certificate of Birth whose specimen is approved by the Cabinet of Ministers of Ukraine.
Clause 145. Establishing the child’s family name.

The child’s family name is established by the family name of his/her parents. If family names of the mother and the father are different, the child’s family name is established upon their consent.
If family names of the mother and the father are different, the parents may pass on to the child double family name by combining their own family names.
Any dispute between the father and the mother about the child’s family name may be discussed in the Custody and Care Authority, or the court.
Clause 146. Establishing the child’s first name.

The child’s first name is established upon consent of the parents. The first name of the child born by an unmarried woman is established by the child’s mother in the absence of voluntary recognition of the parental affiliation.
The child may be passed on to not more than two first names unless a custom of the national minority to which the mother and/or the father belongs provides otherwise.
Any dispute between the father and the mother about the child’s first name may be discussed in the Custody and Care Authority, or the court.
Clause 147. Establishing the child’s patronymic.

The child’s patronymic is established by the father’s first name.
The patronymic of the child born by an unmarried woman is established by the first name of the person that the mother of the child claimed to be the father unless parental affiliation has been established.
Clause 148. Changing the child’s family name by the parents.

The family name of the child that has not attained the age of 7 is changed if both parents change their family name.
The family name of the child that has attained the age of 7 is changed upon his/her consent if both parents change their family name.
If one of parents changes his/her family name, the family name of child that has attained the age of 7 may be changed upon his/her consent and upon consent of both parents.
Whenever one of parents objects to changing the child’s family name, the dispute between the parents may be discussed in the Custody and Care Authority, or the court. When considering such a dispute, the extent to which the parents fulfill their responsibilities in respect of the child and other circumstances showing that changing the family name corresponds to the child’s interests are taken into account.
Clause 149. Changing child’s patronymic.

1. In case if father of child changed his name, patronymic of the child that reached the age 14 can be changed if the child agrees.

Clause 150. Parental responsibilities in respect of the child’s education and development.

The parents shall educate the child in the spirit of respect for the rights and freedoms of the others, love to his/her family and relatives, people and Motherland.
The parents shall have the duty to care of the child’s health, his/her physical, spiritual and moral development.
The parents shall ensure that the child obtains full general secondary education and shall prepare him/her to making his/her own life.
The parents shall pay respect for the child.
Giving the child to other persons for education does not release the parents from their responsibility to care about him/her.
Any exploitation of the child by parents is prohibited.
Physical punishment of the child by the parents, as well as other inhuman or degrading treatment or punishment are prohibited.
Clause 151. Parental rights in respect of the child’s education

The parents enjoy preferential right to personal education of the child.
The parents may make other persons involved in the child’s education and give the child to physical and legal persons for education.
The parents shall have the right to choose forms and methods of the child’s education unless they are contrary to law and morals of the society.
Clause 152. Ensuring the child’s right to the appropriate parental education.

The child’s right to the appropriate parental education is secured by the State control system established by law.
The child has the right to object to inappropriate discharge by parents of their responsibilities in respect of him/her.
The child has the right to approach the Custody and Care Authority, other public authorities, local authorities and public organizations in view of protecting his/her rights and interests.
The child has the right to seek a remedy in court to protect his/her rights and interests provided he/she has attained the age of 14.
Clause 153. Right of the parents and the child to communicate with each other.

The mother, the father and the child enjoy the right to free communication with each other, in particular if one of them finds himself/herself in an extraordinary situation (hospital, detention center and place of confinement, etc.).
Clause 154. Parental rights in respect of the protection of their child

The parents have the right to protect themselves their child, daughter and son who have attained the full age.
The parents enjoy the right to approach the court, public authorities, local authorities and public organizations in view of protecting rights and interests of their child, as well as the son and daughter who are unable to work, as their legal representatives that do not require having special powers thereto.
The parents are entitled to apply for protecting rights and interests of their children in situations when, in accordance with law, they themselves have the right to seek such protection.
Clause 155. Exercising parental rights and discharging parental responsibilities.

Exercising parental rights and discharging parental responsibilities shall be based on the respect for the child’s rights and his/her human dignity.
Parental rights may not be exercised contrary to the interests of the child.
Abandonment of the child by parents shall be unlawful and breaks down morals of the society.
Avoiding discharging parental responsibilities constitutes the ground for bringing parents to responsibility prescribed by law.
Clause 156. Rights and responsibilities of parents under the full age.

Parents under the full age assume the same rights and responsibilities as adult parents do and may discharge them at their own.
Parents under the full age who have attained the age of 14 have the right to apply to court for protecting their child’s rights and interests.
Parents under the full age are entitled to legal assistance in the court free of charge.
Clause 157. Parents’ deciding matters relating to the education of the child.

Matters relating to the child’s education are decided by parents jointly.
The parent who does not live with the child shall have the duty to participate in the child’s education and has the right to personal communication with the child.
The parent living together with the child may not obstruct the parent who does not live with the child in his/her communication with the child and in his/her participation in the child’s education unless such a communication impedes normal development of the child.
The parents may conclude an agreement with regard to exercising parental rights and discharging parental responsibilities with the parent who does not live together with the child. The parent living together with the child if he/she avoids fulfilling the agreement shall repair material and moral damage inflicted on the other parent.
Clause 158. Deciding by the custody and care authority a dispute related to the participation of the parent who does not live with the child in the child’s education.

Upon the application of the mother, the Custody and Care Authority prescribes the ways, in which the parent who does not live with the child should participate in the child’s education and communicate with the child. A decision thereon, the Custody and Care Authority makes after having found out the style of parents’ life, their attitude towards the child, and other essential circumstances.
Decision taken by the Custody and Care Authority is binding. The person that avoids following up the decision made by the Custody and Care Authority shall have the duty to repair material and moral damage inflicted on the parent who does not live with the child.
Clause 159. Deciding by the court a dispute related to the participation of the parent who does not live with the child in the child’s education.

Whenever the parent who lives with the child obstructs the parent who does not live with the child in his/her communicating with the child and educating the child, in particular if he/she avoids following up the decision made by the Custody and Care Authority, the other parent may take a legal action for eliminating such an obstruction.
The court prescribes the ways, in which one of parents should participate in the child’s education (periodical and systematic access, possibility to rest together, child’s coming to the place of residence of the other parent, etc.), the place and the time of their communication, taking into account the age, the state of health of the child, parents’ conduct, as well as other essential circumstances. In some cases, if the interests of the child are at stake, the court may make access to the child conditional on the presence of another person.
Upon application of the person concerned, the court may suspend the decision made by the Custody and Care Authority until the dispute is settled.
Whenever the person with whom the child lives disregards the court’s decision, the court, upon application of the parent who does not live with the child, may give the child to the latter for them to live together.
The person that avoids following up the judicial decision shall have the duty to repair material and moral damage inflicted in the parent who does not live with the child.
Clause 160. Parental right to determine the child’s place of residence.

The place of residence of the child under the age of 10 is determined upon parents’ consent.
The place of residence of the child that has attained the age of 10 is determined upon parents’ consent and consent of the child himself/herself.
Whenever the parents live separately, the place of residence of the child that has attained the age of 14 is determined by himself/herself.
Clause 161. Dispute between the mother and the father about the place of residence of a minor child.

If the mother and the father who are separated disagree on with whom of them the minor child will be living, such a dispute may be decided judicially. When considering the dispute about the place of residence of the child, the court takes into account how parents discharge their parental responsibilities, personal affection of the child towards each of parents, the child’s age, state of health and other essential circumstances.
The court may not leave the child live with the parent who does not have his/her own earnings, abuses with alcohol and drugs and can hamper the child’s development with his/her immoral behavior.
If the court has found that neither of parents is able to create adequate conditions for the child’s education and development, upon request of the grandmother, grandfather or other relatives involved in the case, the child may be left in charge of somebody of them.
As long as the child cannot by given to anyone of these persons, the court, upon request of the Custody and Care Authority, may pronounce the decision to take the child from the person the child lives and give him/her in charge of the Custody and Care Authority.
Clause 162. Legal consequences of the unlawful conduct of one of parents or any other person during determining the child’s place of residence.

If one of parents or any other person, at his/her own discretion and without consent of the other parent or other persons with whom the minor child has lived in accordance with law or judicial decision, changes the child’s place of residence, including by kidnapping, the court, upon legal action of the person concerned, has the right without any delay to render the decision on taking the child back and giving him/her to person with whom the child lived before. The child may not be taken back only if his/her staying in the previous place of residence creates a real threat to the child’s life and health.
The person that, on his/her own discretion, has changed the place of residence of the minor child shall have the duty to repair material and moral damage inflicted on the person with whom the child lived together.
Clause 163. Parental right to take the child from other persons.

The parents enjoy preferential right for their minor child to live with them.
The parents have the right to demand separating the minor child from any person who keeps him/her against law or judicial decision.
The court may refuse to take the minor child back and give him/her to the parents or one of them if it is ascertained that this is contrary to the child’s interest.
Clause 164. Grounds for deprivation of parental rights.

The court may deprive the mother, the father of parental rights if he/she:
1) has not taken the child away from the maternity home or any other health institution without valid reasons and within six months did not care about the child;

2) avoids discharging his/her responsibilities to educate the child;

3) treats the child in a brutal manner;

4) is a chronic alcoholic or drug addict;

5) has recourse to the child’s exploitation, involves him/her in begging and vagrancy;

6) has been convicted for committing an intentional crime against the child.

The mother, the father may be deprived of the parental rights on the grounds referred to in subparagraphs 2, 4 and 5 of paragraph 1 of the present Clause if they have attained the full age.
The mother, the father may be deprived of the parental rights in respect of all of their children or some of them.
The court shall institute criminal proceedings if, when hearing the case related to the deprivation of parental rights, it founds elements of crime in actions committed by both parents or one of them.
Clause 165. Persons that have the right to take legal action for the deprivation of parental rights.

The right to take legal action for the deprivation of parental rights belongs to one of parents, custodian, the caretaker of the child, the person in whose family the child lives, the health institution or the school where the child stays, the Custody and Care Authority, prosecutor, as well as the child himself/herself provided that he/she has attained the age of 14.
Clause 166. Legal consequences of parental rights deprivation.

The person deprived of the parental rights:
1) loses his/her personal non-property rights in respect of the child and is released from responsibilities to educate the child;

2) terminates being legal representative of the child;

3) loses the rights for benefits given by the State to families with children;

4) may not be an adopter, custodian or caretaker of the child;

5) may not acquire in the future property rights arising from parentage, which he/she could have been entitled to in case of his/her inability to work (right to maintenance from children, right to an old-age benefit and reparation of the damage in case of loss of the breadwinner, succession right);

6) loses other rights arising from the affiliation to the child.

A person deprived of his/her parental rights is not released from the responsibility to maintain the child. In parallel with deprivation of parental rights, the court may, upon request of the applicant or upon its own initiative, to decide the issue of levying maintenance for the child.
Clause 167. Placing the child whose parents have been deprived of their parental rights.

Whenever the child lived with the parent who has been deprived of his/her parental rights, the court decides the issue of their eventually continuing to live in the same living premises.
The court may render the decision to evict the parent who has been deprived of parental rights from the living premises where that parent lives together with the child if it is ascertained that he/she possesses another house and can move in, or the decision on the enforced partition of the living premises or their exchange.
Upon the wish of the other parent, the child can be given to him/her.
As long as the child cannot be placed under the care of the other parent, priority in taking the child in their charge belongs, upon their request, to the grandmother, grandfather, adult brothers and sisters, as well as other relatives.
Whenever the child cannot be placed under the care of the grandmother, grandfather or other relatives, stepmother, stepfather, he/she is placed in charge of the Custody and Care Authority.
The child that has been placed under the care of relatives, stepmother, stepfather, the Custody and Care Authority retains the right to live in the living premises he/she stayed before and may return therein at any time.
The manner, in which the child is taken from, and given to, is established by law.
Clause 168. Access of the mother, the father that have been deprived of their parental rights to the child.

The mother, the father deprived of their parental rights may take legal action for giving them the right to access to their child. The court may allow single, periodical access to the child unless such access is damageable to the life, health and moral education of the child, on the condition of the presence of another person.
Clause 169. Resuming parental rights.

The mother, the father deprived of their parental rights may take legal action for resuming their parental rights.
Resuming parental rights is impossible if the child has been adopted and unless the adoption has been revoked or found invalid judicially.
Resuming parental rights is impossible if at the time of court’s hearing the case the child has attained the full age.
The court checks the extent to which behavior of the person deprived of parental rights has changed and ascertains the circumstances that were the reason for deprivation of parental rights and pronounces the decision, in which the child’s interests are of paramount consideration.
When resolving the case related to resuming parental rights of one of parents, the court takes into account the view of the other parent, other persons with whom the child lives.
In case of dismissing the action for resuming parental rights, re-taking legal action for resuming parental rights is possible but after one year from the date on which the court’s decision to dismiss such an action has become res judicata.
Clause 170. Separating the child from the parents without depriving them of parental rights.

The court may decide to take the child from the parents or one of them without depriving them parental rights, in cases referred to in Clause 164, paragraph 1, subparagraphs 2 -5, as well as in other situations unless leaving the child with them is dangerous to the life, health and moral education of the child. In such a case, the child is given to the other parent, grandmother, and grandfather, other relatives upon their request or to the Custody and Care Authority.
In exceptional situations, when the child’s life or health is seriously endangered, the Custody and Care Authority, or the prosecutor may render the decision on immediately separating the child from his/her parents. In such a case, the Custody and Care Authority shall inform the prosecutor thereon without any delay and, within seven days after the decision has been made, take legal action for depriving both parents or one of them of parental rights or for separating the child from his/her mother, father without depriving them of parental rights. Similar legal action may be taken by the prosecutor.
Whenever circumstances, which hampered the parents in appropriately educating their child disappear, the court, upon parents’ application, may decide on giving the child back to them.
In satisfying the action for separating the child from his/her mother, father without depriving them of parental rights, the court decides the issue of levying maintenance on them in favor of the child.
Provisions of paragraphs 1-3 of the present Clause apply to situations when the child is taken from persons with whom he/she lives.
Clause 171. Due regard to the child’s views in deciding matters related to his/her life.

A child has the right to be heard by his/her parents, other members of the family, officials in matters that relate to him/her personally and to the family.
A child that can express his/her views should be heard in proceedings related to the dispute between his/her parents, other persons about the child’s education, place of residence, and to the dispute about deprivation of parental rights, resumption of parental rights, and administration of his/her property.
The court has the right to pronounce a decision without taking into account views of the child if the child’s interests require it.
Clause 172. Responsibility of the child, adult daughter and son to care about their parents.

The child, adult daughter and son shall care about their parents and assist them.
The adult daughter, adult son has the right to seek protection of the rights and interests of their parents that are unable to work and care about themselves, as their legal representatives and do not require special powers thereto.
Whenever adult daughter, adult son does not care about their parents that are unable to work and care about themselves, expenses born by providing such care may be covered with resources levied on them judicially.
Chapter 14. Property Right Of Parents And Children

Clause 173. Separate Property Regime for Parents and Children

1. Parents and children, in particular those living together, may own property separately.

2. In resolving a property dispute between the parents and minor, juvenile children that live together, it is understood that the property is owned by the parents.

Clause 174. Right of the Child to Property Intended for His/Her Development, Training and Education

Property acquired by the parents or one of them to ensure the development, training and education of the child (clothes, other articles for personal use, toys, books, musical instruments, sport equipment, etc) shall be the child’s property.

Clause 175. Right of Parents and Children to Joint Property

1. Property acquired by the parents and their children as a result of their working collectively or using their joint resources belongs to them as joint property.

Clause 176. Right of Parents and Children to Use Property

The parents shall transfer to the child’s use the property, which has to ensure his/her education and development.

The rights of parents and children to use housing, which one of them owns are established by law.

Clause 177. Administering the Child’s Property

If a minor child has a property, his/her parents administer such a property without having to have special powers thereto. The parents shall necessarily hear their child’s views on the ways, in which such a property should be administered.

If one of parents concludes an agreement in respect of the property of the minor child, it is understood that he/she acts upon the consent of the other parent. The other parent has the right to apply to the court for annulment of the agreement concerned as one that has been entered in without his/her consent if such an agreement goes beyond the limits of a minor household agreement.

The parents decide matters related to the administration of the child’s property jointly. Disputes, which can arise between the parents with regard to the administration of the child’s property, may be resolved by the Custody and Care Authority, or the court.

After terminating such administration, the parents shall have the duty to return to the child the property they have administered together with any earnings obtained.

Inappropriate discharge by the parents of their responsibilities in respect of the child’s property administration creates the ground for imposing on them the duty to repair material damage inflicted on the child.

Clause 178. Using Earnings Obtained from the Child’s Property

Parents may use earnings obtained from the property of a minor child for education and maintenance of other children and for pressing needs of the family.
A minor child shall dispose of the earnings obtained from his/her property in accordance with the Civil Code of Ukraine (1540-06).

Clause 179. Ownership Right to Maintenance Paid for the Child

Maintenance received for the child is owned by the parent in whose favor it is paid and should be used for earmarked purposes. A minor child has the right to participate in administering maintenance, which has been paid to maintain him/her.
If the parent with whom the child lives dies, maintenance shall be the property of the child. The custodian administers maintenance, which has been paid to maintain a minor child. A juvenile child has the right to personally receive and administer maintenance in accordance with the Civil Code of Ukraine (1540-06).

Chapter 15 Responsibility Of The Mother, The Father To Maintain The Child And Its Discharge

Clause 180. Parents’ Responsibility to Maintain their Child

The parents shall have the responsibility to maintain the child till he/she attains the full age.

Clause 181. Ways, in which the Parents Should Discharge their Responsibility to Maintain the Child

Ways, in which the parents should discharge their responsibility to maintain their child, are determined upon agreement between them.
Upon agreement between the parents, the parent who does not live with the child may participate in his/her maintenance in cash form or in kind.
Upon judicial decision, money for the child’s maintenance (maintenance) are awarded as a share of earnings of his/her mother, father and/or as a fixed amount.
Whenever one of the parent leaves for permanent residence in a State with which Ukraine has not signed the agreement on legal assistance, the maintenance are levied as prescribed by the Cabinet of Ministers of Ukraine.
If the parent’s place of residence is unknown or if they avoid paying maintenance or do not have the possibility to maintain their child, the latter is awarded temporary State benefit. The manner, in which such temporary State benefit is awarded, shall be prescribed by the Cabinet of Ministers of Ukraine.

Clause 182. Circumstances the Court Takes into Consideration when Determining the Amount of Maintenance

When determining the amount of maintenance to be paid, the court takes into consideration:

1) state of health and financial situation of the child;

2) state of health and financial situation of the maintenance payer;

3) if the maintenance payer has other children, the husband, the wife, parents, daughter,

and son who are unable to work;

4) other essential circumstances.

The amount of maintenance to be paid for one child may not, under any circumstances, be less than the non-taxable minimum income of citizens.

Clause 183. Determining the Amount of Maintenance as a Share of Earnings (Income) of the Child’s Mother, Father

The amount of earnings (income) of the mother, the father to be paid as maintenance for the child is determined by court.
Whenever maintenance is levied for two and more children, the court determines a single share of earnings (income) of the mother, the father to be paid for their maintenance, such a share being levied till the eldest child will have attained the full age.
If after the eldest child has attained the full age, neither parent applied to the court for determining the amount of maintenance to be paid for other children, the maintenance is levied in the same amount less the portion, to which was entitled the child that has attained the full age.

Clause 184. Determining the Amount of Maintenance as a Fixed Cash Sum

Whenever the maintenance payer obtains occasional earnings or receive a part of his/her income in kind, as well as under other essential circumstances, the court, upon maintenance payer or payee’s application, may determine the amount of maintenance to paid as a fixed cash sum.
The amount of maintenance determined by the court as a fixed cash sum is subject to indexing in accordance with law.

Clause 185. Sharing Additional Expenses for the Child by Parents

The parent that has been imposed the duty to pay maintenance for the child, as well as the parent against whom a claim to levy maintenance has not been lodged, shall necessarily share additional expenses for the child when such expenses were born in connection with special circumstances (development of the child’s skills, his/her illness, injury, etc.).
The extent, to which one of the parents should share additional expenses for the child in case of a dispute, is determined by court, which takes into account essential circumstances. Additional expenses for the child may be financed in advance or covered, on a lump-sum, periodical or permanent basis, after they have been actually born.

Clause 186. Control by the Custody and Care Authority of the Earmarked Use of Maintenance

Upon application of the maintenance payer or on its own discretion, the Custody and Care Authority checks the earmarked use of the maintenance.
Whenever the maintenance is not used for the earmarked purposes, the maintenance payer may apply to court for reducing the amount of the maintenance or for depositing a portion of the maintenance at the child’s personal account in a subsidiary of the State Savings Bank of Ukraine.

Clause 187. Withholding Maintenance for the Child upon Maintenance Payer Request

One of the parents may lodge, at the his/her place of employment, at the place where his/her pension, fellowship is paid, an application for withholding the maintenance for the child from his/her wage, pension or fellowship in the amount and during the period referred to in such an application. He/she may withdraw such an application.
Based on the application filed by one of the parents, the maintenance is withheld within three days from the day fixed for the payment of the wage, pension, and fellowship.
Based on the application filed by one of the parents, the maintenance may also be withheld if the total sum, which is subject to deduction on the basis of the application or court orders, exceeds the half of the wage, pension or fellowship, as well as if the maintenance for another child is being already levied from this parent.

Clause 188. Releasing Parents from the Responsibility to Maintain the Child

The parents may be released from the responsibility to maintain the child if the child’s earnings greatly exceed the income of either parent and fully meet the child’s needs.

Clause 189. Agreement between the Parents for Maintenance of the Child

The parents may conclude a agreement of maintenance payment for the child, such a agreement specifying the amount of maintenance to be paid and the time-limit for its payment. Provisions of such a agreement may not violate the rights of the child as laid down in the present Code. The agreement shall be drawn up in written and certified by a notary.
If one of the parents is in default on his/her obligations, the maintenance may be levied on him/her based on the notarial special execution.

Clause 190. Termination of the Right to Maintenance for the Child as a Result of Acquiring Ownership Right to a Real Estate

The parent with whom the child lives and the parent with whom the child does not live, upon permission of the Custody and Care Authority, may conclude a agreement of termination of the right to maintenance for the child in connection with the transfer of the ownership of a real estate (house, apartment, land lot, etc.). Such an agreement should be certified by a notary and is subject to the State registration. If the child has attained the age of 14, he/she takes part in the conclusion of this agreement.
The ownership right to a real estate is acquired by the child himself/herself or the child and the parent with whom he/she lives, in the latter case the real estate being deemed to be their jointly shared property. In case of concluding such a agreement, the parent with whom the child lives undertakes to maintain the child himself/herself.
Concluding such a agreement does not release the parent with whom the child does not live from the responsibility to share additional expenses for the child.
The property obtained under the agreement referred to in paragraph 1 of the present Article may not be subject to the enforcement of any execution.
Property the child has obtained under such a agreement may be alienated prior to his/her attainment of the full age only upon permission of the Custody and Care Authority.
The agreement concluded in accordance with paragraph 1 of the present Article is judicially annulled upon request of the alienator of the real estate if his first name as the father has been withdrawn from the birth record. If the agreement is found invalid, the ownership right of the alienator to the real estate is renewed.
Upon complaint of the alienator of the real estate, agreement concluded in accordance with paragraph 1 of the present Article may be denounced if the parent with whom the child lives disregards his/her responsibility to maintain the child.

Clause 191. Time from which the Maintenance for the Child is Awarded

Maintenance for the child is awarded judicially as from the day of legal action.
Maintenance for the previous time may be awarded if the plaintiff produces evidence to the court that he/she has taken measures to obtain maintenance from the defendant but has not succeeded because the latter avoided paying it. In such a case, the court may award maintenance for the previous time but not more than for the last three years.

Clause 192. Changing the Amount of Maintenance

The amount of maintenance determined by the court or upon parents’ agreement may be later reduced or increased judicially upon the complaint of the maintenance payer or payee if financial or marital situation of one of them changes or the state of health degrades or improves.
The amount of maintenance may be reduced if the child is maintained by the State, territorial community or a legal person.

Clause 193. Levying Maintenance and Other Resources for the Child that Stays in a Health, Educative or any other Institution

Placing the child into a health, educative or any other institution does not discontinue levying maintenance in favor of the parent with whom the child lived before if the maintenance is used for the purposes it is earmarked.
Whenever the parents do not participate in the maintenance of the child placed to a State or communal health, educative or any other institution, the maintenance may levied upon them on general grounds.
Upon court’s decision, the maintenance may be transferred at the child’s personal account in a subsidiary of the State Savings Bank of Ukraine.
State pensions, other allowances and survivors’ benefit are also transferred to the child’s personal account.

Clause 194. Levying Maintenance for the Previous Time and Arrears in Maintenance Payment

Maintenance for the previous time may be levied based on the writ of execution but not more than for the three years, which preceded servicing the writ of execution
If the maintenance was not levied in accordance with the enforced writ of execution because the maintenance payer was wanted or stayed abroad, the maintenance has to be paid for the whole previous period.
Arrears in maintenance levied under Article 187 or the present Code, are repaid, upon the maintenance payer’s application, in the place where his/her wage, pension, fellowship is paid, or levied upon court’s decision.
Arrears in maintenance payment are levied irrespective of whether the child has attained the full age and, in case referred to in Article 199 of the present Code, – until the child has attained the age of 23.
Provisions of paragraphs 1 – 3 of the present Article, as well as Articles 195-197 of the present Code apply to the levying maintenance in favor of other persons specified in the present Code.

Clause 195. Determining Arrears in Maintenance Awarded as a Share of Earnings (Income)

Arrears in maintenance awarded as a share of earnings (income) are determined based on the actual earnings (income), which the maintenance payer was obtaining throughout the period, during which the maintenance was not levied.
Whenever the maintenance payer was unemployed at the time when arrears in maintenance arouse but is employed at the time of their determination, the arrears are determined based on the earnings (income) he/she is obtaining.
Whenever the maintenance payer was unemployed at the time when arrears in maintenance arouse and is not employed at the time of their determination, the arrears are calculated based on the average wage the worker having the same qualification or unqualified worker receives in the given area.
The amount of arrears in payment of maintenance is calculated by the State executor and in case of a dispute – by court.

Clause 196. Responsibility for the Late Payment of Maintenance

If arrears generate because of the person that has the duty to pay maintenance upon court’s decision, the maintenance payee is entitled for the forfeit (interest for default) in the amount of one per cent of the sum of unpaid maintenance for each day of default.
The amount of the forfeit may be reduced by the court in the light of the financial and marital situation of the maintenance payer.
The forfeit is not paid if the maintenance payer has not attained the full age.

Clause 197. Establishing Deadline for the Payment of Maintenance. Releasing from the Payment of Arrears in Maintenance

In the light of the financial and marital situation of the maintenance payer, the court may postpone the payment of maintenance or allow paying it by installments.
Upon complaint of the maintenance payer, the court may wholly or partly release him/her from the payment of arrears in maintenance if such arrears arouse as a result his/her serious illness or any other essential circumstance whatsoever.
The court may release the maintenance payer from the payment of arrears if it is ascertained that such arrears arose because the person in whose favor the maintenance had been awarded failed to service the writ of execution without valid reasons.

Chapter 16 Parents’ Responsibility To Maintain An Adult Daughter, Son And Its Discharge

Clause 198. Grounds for the Creation of Parents’ Responsibility to Maintain an Adult Daughter, Son

The parents shall necessarily maintain their adult daughter, son that is unable to work and in need of material support if the parents can provide such a material support.

Clause 199. Parents’ Responsibility to Maintain an Adult Daughter, Son that Continue Studying

Whenever an adult daughter, son continue studying and in this connection need material support, the parents shall have the duty to maintain them till they will have attained the age of 23 if they are able to provide such a support.
The right to maintenance terminates when studying finishes.
A legal action for levying maintenance may be taken by the parent with whom the daughter, son lives, as well as the daughter and the son themselves if they continue studying.

Clause 200. Amount of Maintenance to be Paid for an Adult Daughter, Son

The court determines the amount of maintenance to be paid for an adult daughter, son as a fixed cash sum and/or as a share of earnings (income) of the maintenance payer taking into account circumstances referred to in Article 182 of the present Code.
When determining the amount of maintenance to be paid by one of the parents, the court considers the possibility of providing maintenance by the other parent, his/her wife, husband and adult daughter, son.

Clause 201. Applying Provisions of the Present Code to Relations with regard to Parents’ Responsibility to Maintain their Adult Daughter, Son

1. Provisions of Articles 187, 189-192 and 194-197 of the present Code apply to relations between the parents and their daughter, son in respect of providing them maintenance.

Chapter 17 Responsibility Of An Adult Daughter, Son To Maintain Their Parents and its Discharge

Clause 202. Grounds for the Creation of the Responsibility of an Adult Daughter, Son to Maintain their Parents

An adult daughter, son shall have the duty to maintain their parents that are unable to work and in need of material support.
If the mother, the father has been deprived of their parental rights and if these rights have not been renewed, a daughter, a son in whose respect the parents were deprived of their parental rights assume no responsibility to maintain their mother, father.

Clause 203. Responsibility of a Daughter, Son to Share Additional Expenses for their Parents

A daughter, a son, in addition to the payment of maintenance, shall necessarily share additional expenses born for their parents in connection with a serious illness, disability and inability to work.

Clause 204. Releasing a Daughter, Son from the Responsibility to Maintain their Mother, Father

The court may release a daughter, a son from the responsibility to maintain their mother, the father and from the responsibility to share additional expenses born for their parents if it is ascertained that the mother, the father avoided discharging their parental responsibility. At an exceptional basis, the court may award maintenance to be paid by the daughter, son during the period, which does not exceed three years.

Clause 205. Determining the Amount of Maintenance to be Paid by a Daughter, Son

The court determines the amount of maintenance to be paid in favor of the parents as a fixed cash sum and/or as a share of earnings (income) taking account of the financial and marital situation of the parties concerned.
When determining the amount of maintenance and additional expenses, the court takes into account the possibility of obtaining maintenance from other children against whom a legal action for levying maintenance has not been taken, as well as from the wife, the husband and their parents.

Clause 206. Levying on the Child Expenses for His/Her Parents’ Care and Medical Treatment

1. At an exceptional basis when the mother, the father are seriously ill, disabled and when the child (Article 6 of the present Code) obtains sufficient earnings (income), the court may decide to levy on such child means, lump-sum or during a given period, to cover expenses incurred in connection with the care and medical treatment of his/her parents.