VertiS LF immigration

21/02/2020

HOW TO HANDLE A PATERNITY (FATHERHOOD) DISPUTE
Nowadays the number of cases over paternity involving a foreign party increases.
∙A father might find himself fighting for VISITATION RIGHTS.
∙In other cases, he might be not convinced in his BIOLOGICAL PATERNITY.
∙There are also situations when a parent might find himself on the hook for thousands of grivnas of ALIMONY payments for a child.
In either situation, there could be a PATERNITY DISPUTE in the court of Ukraine.
Every case is different, every case requires a diverse strategy.
If you find yourself about to UNDERGO a PATERNITY DISPUTE, you should contact a lawyer.
With the help of a LAWYER, you can NAVIGATE your case.

31/01/2020

THE RECORDING OF PARENTS OF A CHILD

Actually, parents do not automatically receive a certification of their child’s birth record; the parents must apply for the birth certification.

A father and a mother who are married shall be registered as parents of a child according to an application by any of them.

If parents are unmarried, the origin of a child by his mother (motherhood) shall be determined by the documents of a medical institution and the origin of a child by his father (fatherhood) shall be determined by the application of the parents of the child.

When a married man does not recognize his paternity of a child of his wife, this couple has a right to submit a joint application in which this man does not recognize his paternity of the child. In this case the recording of a father of a child shall be done according to the application of a mother of a child.

It should be noted that a man, who was recorded as a father of a child, can dispute his fatherhood.

24/01/2020

As a follow-up to our previous topic «PERSONAL NON-PROPERTY AND PROPERTY RIGHTS AND THE DUTIES OF PARENTS AND CHILDREN», today we would like to tell you about the list of DOCUMENTS REQUIRED FOR BIRTH REGISTRATION of a child, so here it is:

a) DOCUMENTS OF A MEDICAL INSTITUTION about the birth of the child (translated and legalized in accordance with the establishment order).
Under exceptional circumstances, if the child was born outside the medical institution, it is necessary to provide a note from a doctor, who made assistance at birth.
In case the child was born without medical attendance, the fact of birth and the time of birth shall be confirmed by the signatures of the two witnesses, who were present during the birth of the child, and also a medical document that confirms that the child was under medical supervision of the medical institution (private doctor).

b) PASSPORT DOCUMENTS of the parents (one of the parents). In case the passport document of one of the parents cannot be provided for valid reasons, the data about this parent could be noted based on the marriage certificate.
c) DOCUMENTS THAT HAVE INFORMATION ABOUT THE FATHER OF THE CHILD (a marriage certificate, an application of the mother, an application of the father in which he recognizes his paternity of the child, a joint application of the mother and the father in case they are not married, a joint application of the mother and her husband in which this man does not recognize his paternity of the child, a joint application of the father of the child and a man who is married to the mother of the child).

02/01/2020

18/12/2019

Birth registration in Ukraine
- is the process by which a child’s birth is recorded in the civil register by the government authority.
Actually, it is the first legal recognition of the child and is generally required for the child to obtain any other legal documents and rights such as to receive medical treatment, go to school, inherit property, find legal work.
Registration of the birth of the child in Ukraine is made by place of birth or at the place of residence of his/her parents.
In case of a disease of parents or for other reasons of impossibility to register the birth - other relatives or healthcare institution shall have the right to register the birth of the child.
The application for registration of the birth of the child shall be submitted urgently, but no later than one month since the birth of the child.

10/12/2019

UKRAINE GIVES CITIZENSHIP BY BIRTH

In accordance with the Law of Ukraine «On citizenship» a citizenship by birth depends on the combination of several factors, namely TERRITORY of the child`s birth and citizenship of the child`s PARENTS.

Let`s have a look at some of cases when a child obtains UKRAINIAN CITIZENSHIP:

-> Ukrainians (parents) + Ukraine (the territory of the child`s birth),

-> persons without citizenship (parents) + Ukraine (the territory of the child`s birth),

-> foreigners / not citizens of Ukraine (parents) + Ukraine (the territory of the child`s birth),

-> unknown parents + Ukraine (the territory where the newborn was found).

It should be noted, if a child was born outside of Ukraine by persons who were not citizens of Ukraine and in future due to the court decision there was recognized a fatherhood/motherhood of the child by a Ukrainian person, the child obtains a right to get a citizenship of Ukraine.

06/12/2019

-CITIZENSHIP OF UKRAINE FOR A FOREIGN SPOUSE-

Foreigners, who marry to Ukrainians, have a simplified procedure to acquire a citizenship of Ukraine.
It would be enough to a foreigner who is married to Ukrainian to stay in the territory of Ukraine for 2 years prior to apply for citizenship of Ukraine.

Firstly, in two years of marriage, a foreigner gets a right to obtain an immigration permit.
Immigration permits are granted within the immigration quotas that are established by the Cabinet of Ministers of Ukraine.
But, a foreign spouse shall obtain an IMMIGRATION PERMIT beyond the established quotas.

Secondly, as soon as a foreign spouse obtains an immigration permit, he/she may be granted Ukrainian citizenship.
As provided in the Law of Ukraine «On Citizenship of Ukraine», foreigners may be granted Ukrainian citizenship upon their request.
After the verification of documents, the President of Ukraine shall make decision and issue a DECREE on acceptance of a person to the citizenship of Ukraine by a specially authorized central body.

Thirdly, a person who has acquired Ukrainian citizenship and pledged to terminate foreign citizenship shall be documented with the TEMPORARY ID CARD OF UKRAINIAN CITIZEN with a two-year validity period.

Finally, such person shall get UKRAINIAN PASSPORT only after he/she terminates foreign citizenship.

04/12/2019

PATERNITY RECOGNITION (ACKNOWLEDGMENT)

In accordance with the Law of Ukraine «On Citizenship of Ukraine», in case of recognition (acknowledgment) of paternity of a child whose mother (father) is a foreigner or stateless person and the father (mother) is recognized as a citizen of Ukraine, a child, regardless of place of birth and place of residence, acquires Ukrainian citizenship.

In a situation where a child's PARENTS ARE NOT MARRIED, recognition (acknowledgment) of paternity by the father is required.

It should be understood that the most important piece of evidence during the court procedure is the result of forensic biological (genetic forensic) examination.

Court may acknowledge the paternity almost at any time after the child was born.
Once paternity is established, the biological father is recognized as the legal father, and the child has the same legal rights as a child born to married parents.

In fact, experience demonstrates that paternity disputes are serious challenges for international couples.

There is no simple guide to handle your dispute, because every case is different, every case requires a different strategy.

If you find yourself about to undergo a paternity dispute, you should contact a lawyer.

25/11/2019

ADOPTION OF CHILDREN

Adoption is a legal process by which a child becomes the child of persons other than his/her natural or biological parents.
When a child is legally adopted the adopters become the child's parents.
The Family Code of Ukraine determines principles of marriage, personal non-property and property rights and duties of the married couple, grounds of arising, content of personal non-property and property rights and duties of parents and children, foster parents and adopted children, other members of family and relatives.
Foreigners shall have in Ukraine the same rights and duties in family relations as the citizens of Ukraine, if otherwise is not stipulated by law or international agreements ratified by Ukraine.
Norms of the Code establish that a child is a person who did not reach majority (18 years old).
Some of the basic requirements for parents to adopt a child in Ukraine in accordance with the Family Code of Ukraine:
• Full legal capacity of the adopters,
• The age of the adopters shall be no less than 21,
• Age difference between the adopter and the child shall be no less than 15 years,
• Parents may have other biological and/or adopted children,
• The adopters are persons of different gender.

Adoption of children is carried out on the basis of a court decision.

It is vital to note that each country has its own requirements for adopting parents.
So, people who adopt a child from Ukraine and bring that child to live in another country must first be found eligible to adopt under the law of their country.

20/11/2019

PARTICULARITIES OF THE CITIZENSHIP OF CHILDREN
It is important to note that a birth certificate of the child is not the document confirming citizenship of Ukraine.
A birth certificate confirms only family relations but not a citizenship of the person.
As is well known, a passport of the citizen of Ukraine confirms Ukrainian citizenship.
But this is not all.
There are other documents confirming Ukrainian citizenship including a certificate on belonging to the citizenship of Ukraine.
Certificate on belonging to the citizenship of Ukraine – is the document that confirms belonging of person aged up to 16 years to the citizenship of Ukraine indicating the grounds of its acquisition.
A certificate of Ukrainian citizenship could be issued if one of the parents or both parents are foreigners and their child was born within the territory of Ukraine (during their legal stay in Ukraine).
But in case both parents are Ukrainians and their child was born in Ukraine there is no need to confirm the citizenship of this child.

19/11/2019

TEMPORARY CERTIFICATE OF A CITIZEN OF UKRAINE
- is a document that certifies a person and confirms his/her belonging to the citizenship of Ukraine.
This document is issued to a person who has attained the age of 16, who has acquired the citizenship of Ukraine and took an obligation to terminate foreign citizenship within 2 years from the date of acquisition of the citizenship of Ukraine.
Temporary certificate is issued for up to 2 years.
The required documents to obtain this certificate shall be the following:
-Application form
-Photos
-Passport
-Certificate of identification number (applied by persons who permanently reside in Ukraine)
-Confirmation of the obligation to terminate foreign citizenship
-Confirmation of language skills (Ukrainian)
-A certificate of no criminal record
-Receipt of payment of administrative services and other documents in accordance with the current legislation of Ukraine.
If necessary, the applicant shall provide a notarized translation of the text of the document into Ukrainian language.
For more detailed information you may call us or submit an application via our website.