Adoption of a child whose biological parents appeared after the court decided them: regulatory and legal aspect

This article reveals the problem associated with the adoption of a child whose biological parents (father, mother) were declared dead by the court or declared missing, appeared after the adoption. Recommendations are proposed to eliminate the inequality of the rights of adoptive parents and biological parents of a child (father, mother) in the plane of the raised problems. The research results obtained in the article indicate that the growing dynamics of persons recognized by the court as missing or declared dead is the indicator that is sensitive to the level of orphanhood. In recent years, among European countries, Ukraine has been recognized as one of those in which the number of missing people is the greatest. Therefore, it is timely to establish the grounds for recognizing the adoption as invalid and canceling the adoption by a court decision; the possibility of restoring the child's previous state of adoption; disclosure of the legal nature of the rights of missing persons and deprived of parental care; determination of conditions for the implementation of the rights of adoptive parents and biological parents. In order to reduce the level of orphanhood in the state, the article developed recommendations for eliminating the inequality of the rights of adoptive parents and biological parents (father, mother), which appeared after the court declared them dead or were declared missing. In particular, the possibility was introduced for a missing person to file a claim in court for the restoration of parental rights in the event that the child was adopted; the list of grounds provided for in Article 238 of the Family Code of Ukraine has been supplemented and to eliminate the inequality of the rights of interested parties for adoption (reasons for the absence of biological parents, their attitude towards children and material wealth).