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Italian Court Rules to Allow Adoption of Ukrainian Child Despite Living Mother
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![Photo of Katherina Popilnichenko]( "Photo of Katherina Popilnichenko")
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A legal dispute has emerged after a court in Italy authorized the adoption of a Ukrainian child by foreign citizens. Dmytro Lubinets, the Ukrainian Parliament Commissioner for Human Rights, is calling for an appeal against the decision on April 22.
He noted that the child's mother is alive and has not lost her parental rights, while the father is currently missing in action following Russia’s full-scale invasion of Ukraine.
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The child was evacuated to the city of Lecce, Italy, in 2022. According to Lubinets, Ukraine maintains a moratorium on international adoptions to protect children who have been displaced or whose parents are serving in the military or are missing. Despite these protections, the local court for minors moved forward with the adoption process.
The Ombudsman stated that the child has been separated from biological sisters who have already been returned to Ukraine. He expressed that this ruling ignores the priority of keeping a child within their family and country of birth. Lubinets added that the court failed to account for the actual presence and status of the child's family.
“This decision is a gross violation of international standards for the protection of children's rights. After all, there is one priority—preserving the child in their family and state of birth. But in this specific case, the Italian court not only ignored the moratorium but also the fact that the child has a family: a mother and biological sisters!” Lubinets stated.
According to the Commissioner, the court relied on the parents' "presence in absentia" without considering their actual involvement. He also pointed to a series of procedural issues that occurred before the ruling, including the removal of Ukrainian legal representatives and restricted access for Ukrainian diplomats.
“In addition to this, the Italian court's decision was preceded by systemic violations: the removal of Ukrainian legal representatives, the appointment of foreign guardians, and the restriction of Ukrainian diplomats' access to children. We are documenting systemic problems in countries such as Germany and Switzerland,” the Ombudsman said.
Lubinets warned that similar risks of foreign adoption exist for 82 other children from various Ukrainian care centers currently located abroad. He is urging the Italian legal system to reverse the decision, return the child to the mother, and ensure that the moratorium on the adoption of Ukrainian children by foreigners is respected.
On April 16, 2026, ffficials noted that the total number of children affected by the war had reached 3,156, though they emphasized that these figures were not final. Additionally, authorities confirmed that they had successfully located and returned 52,276 missing minors since the start of the aggression.
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