Lubinets calls for appeal of Italian court ruling on adoption of Ukrainian child
Ukrainian Parliament Commissioner for Human Rights Dmytro Lubinets has called for an appeal against a ruling by the juvenile court in Lecce, Italy's Apulia region, on the adoption by foreign citizens of a Ukrainian child who had been evacuated to Italy because of the war and therefore had temporary protection status.
"An Italian court has broken the interstate adoption system by transferring a Ukrainian child to a foreign family. We demand the child's return and an appeal of the ruling," he said on Telegram on Wednesday.
He said Ukraine currently has a moratorium on intercountry adoption. The ban is due to the war and is intended to protect evacuated and forcibly displaced Ukrainian children, children whose parents are missing under special circumstances, and children whose parents are defending the country.
"A child who is a citizen of Ukraine was evacuated to the Italian Republic in 2022. Evacuation is temporary protection. Instead, the juvenile court in Lecce, Apulia region, made a decision on the child's adoption by foreign citizens," Lubinets said, adding that a critical point is that the child's father went missing while defending Ukraine, while the mother is alive and has not been deprived of parental rights.
"This decision grossly violates international standards for the protection of children's rights. The priority is one – preserving the child in his or her family and country 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," the ombudsman said.
"In fact, the Italian court ignored the real participation of the parents in the case, limiting itself to formally recognizing their 'presence in absentia' – including the father. Moreover, the child was separated from biological sisters who have already been returned to Ukraine. This is a deliberate destruction of the family, a violation of the child's right to preserve family ties, and a disregard for international law," he said.
Lubinets said the ruling by the Italian court had been preceded by systemic violations, including the removal of Ukrainian legal representatives, the appointment of foreign guardians and restrictions on Ukrainian diplomats' access to the children.
According to Lubinets, Ukraine's position in this adoption case is unequivocal: the Italian court ruling must be appealed immediately; adoption of Ukrainian children by foreigners is unacceptable; the child must be returned immediately to the mother in Ukraine; and children evacuated abroad must be brought back.
The ombudsman's office says it has recorded systemic problems in countries including Germany and Switzerland. According to Lubinets, similar risks have been identified for another 82 children from Chynadiyevo preschool boarding institution, the Smarahdove Misto sanatorium and rehabilitation center, and the S.P. Suprun children's home in Sumy.
Lubinets said he had sent an official letter to the prime minister of Ukraine calling for urgent measures to reunite the family and return all Ukrainian children home. He said the letter separately noted the involvement of other government agencies, including the Foreign Ministry.
According to him, the case in Italy is being directly monitored by Ombudsman Adviser in Italy Oles Horodetsky.
"I call on the international community to respond immediately. The Ukrainian child must return home, to the family, to the mother and sisters. We cannot allow this gross violation of international humanitarian law to occur," Lubinets said.
