More than three years have passed since the beginning of the full-scale war. During this time, the rules for children traveling abroad have changed several times. If in the first months of hostilities, women and children were allowed through almost without checks, sometimes even without a foreign passport, then later the state began to regulate this process. Changes to the legislation also affected the procedure for the departure of minors. As of 2025, the situation in the country remains uneven: some territories are under constant shelling, others live relatively peacefully, even without a curfew. Therefore, the motives for leaving with children are very different: some take them out of shelling, some — for treatment, to school, to visit relatives, or even on a tourist trip.
The editors of IA “FACT” turned to the lawyers of the “Repeshko and Partners” bar association for clarification – what has changed in the rules for children traveling abroad in 2025, what documents are required, in which cases the consent of the second parent is required and how to act in situations when there is no contact with him or he is against it.
On January 15, 2025, the Verkhovna Rada extended the martial law regime in Ukraine until May 9, 2025. This is an important point, because in accordance with the current regulations in the case of entry into the territory of Ukraine state of emergency or martial law departure for limits of Ukraine children under the age of 16 accompanied by a parent, grandmother, grandfather, adult brother, sister, stepmother, stepfather or other persons authorized by one of the parents in a written statement certified by the guardianship body are allowed to leave Ukraine:
- without the notarized consent of the other parent
- in the presence of a passport of a citizen of Ukraine
- or a child’s birth certificate (in the absence of a passport of a citizen of Ukraine)/documents containing information about the person on the basis of which the State Border Service will allow the crossing of the state border.
At the same time, in the case of the introduction of a state of emergency or martial law on the territory of Ukraine, the decision to grant permission to leave Ukraine to a male person accompanying a child who has not reached the age of 16 is made taking into account the accompanying person’s membership in the list of categories of persons exempted from military service and mobilization, provided that he/she has supporting documents.
Although the legislation currently contains a provision on the possible crossing of the border by a child without a foreign passport, we do not advise you to do so. Of course, to some countries (Turkey, Georgia), citizens of Ukraine, including children who have reached the age of 14, can travel using the passport of a citizen of Ukraine, which contains a contactless electronic medium (ID card). But that’s not even the point. It should be noted that issuing a foreign passport in another country is a rather difficult and lengthy process. But further movements in Europe and certain actions may require this document. Therefore, we advise you to issue a foreign passport on the territory of Ukraine before leaving without counting on other options for the development of events.
As you can see, during martial law, it is not necessary to obtain the notarized consent of the child’s second parent for the child to cross the border!
After reaching the age of 16, children have the right to leave on their own without any accompanying documents, except for a foreign passport. This right is enshrined in Article 313 of the Civil Code of Ukraine.
Therefore, if the child is accompanied by one of the parents, only a birth certificate confirming paternity will be needed. In the case when a close relative accompanies her, you should know that it can be done by an adult brother or sister, grandparents, uncle or aunt, stepfather or stepmother. For this, you will also need a birth certificate and documents confirming the family relationship with the child. It can be an adoption decision, marriage certificate, birth certificate, etc. If the child is accompanied by a third party (this is allowed in certain situations), it is necessary to have a letter of permission from one of the parents, which is certified by the body of guardianship and guardianship. Of course, the person accompanying the child must have documents confirming the person specified in the permit.
However, sometimes it is easier than collecting documents that confirm the family connection – to get certified consent from one of the child’s parents, indicating that this person is taking the child abroad. For this, one of the child’s parents, as well as the accompanying person, must apply to the body of guardianship and guardianship at the place of their actual stay with a corresponding application, in particular through electronic means of communication, in which it is stated:
- surname, first name, patronymic, date of birth of the child (children);
- the state to which the child is headed;
- surname, patronymic of the accompanying child (children).
The following documents are also attached to such an application:
- a copy of a passport of a citizen of Ukraine or a birth certificate of a child (children);
- a copy of the passport or other identity document of one of the parents of the child (children);
- in the absence of the above-mentioned documents – documents containing information about the person recognized by the State Border Service of Ukraine;
- a copy of the passport or other document certifying the identity of the accompanying person.
But the following points should be remembered when crossing the state border. Currently, women can cross the border of Ukraine without restrictions, but it is still necessary to take into account some caveats related to professional status or involvement in the civil service or military sphere. Yes, women who perform military service under a contract in the Armed Forces are subject to restrictions on traveling abroad during martial law, and this must be remembered.
Crossing the border for women who serve in law enforcement bodies are deputies of local councils, heads of structural divisions of state bodies and local self-government bodies, currently also complicated — it is possible only in the presence of relevant documents on a business trip or for good reasons, documented. Mothers should take these points into account when they are going to cross the state border with their child. Women who are on the military register, but not mobilized, have no restrictions on traveling abroad.
The issue of departure of a child who has not reached the age of 16 and leaves Ukraine only with his father is resolved as follows. In Ukraine, there are men who independently raise one or several children under the age of 16, and therefore, during the period of martial law and mobilization, such men have the right to cross the Ukrainian border without any restrictions. However, for this, they must provide the State Border Guard Service of Ukraine with an appropriate package of documents, in particular, a birth certificate of the child(ren) and documentary evidence that the child(ren) is being raised by the husband alone.
Such documents are:
- death certificate of the child’s mother;
- court decision to deprive the mother of parental rights;
- the court’s decision to recognize the mother as missing;
- the court’s decision to declare the mother dead.
In some cases, a court decision may also establish the fact that the child was taken from the mother without depriving her of parental rights.
There are rare cases when children now go abroad as part of organized groups for rest or recovery in order to take part in cultural events (festivals, competitions). During martial law, permission for such groups to leave is granted by the Children’s Service. When forming a group of children, a package of documents necessary for obtaining permission to leave is collected, which, in particular, includes:
- statements of parents, certified by the children’s affairs service (can be done without the notarized consent of the second parent if the passport of a citizen of Ukraine is available for the child to travel abroad or the child’s birth certificate);
- a copy of the passport of a citizen of Ukraine for the child’s departure abroad or a birth certificate;
- medical certificate about the health of the child.
It is worth knowing that the father of the child has the right to leave together with the child, since he has many children, even if he is registered as the father of three or more minor children. To leave with the child, the father will need the following documents:
- birth certificates of all children;
- marriage/divorce certificate;
- the decision of the guardianship authority or the certificate of the father of a large family.
There is one more nuance. If the children are not born from the same mother, the border service requires a notarized agreement between the husband and his ex-wife stating that he participates in the maintenance of his minor children, or a court decision on the collection of alimony and a certificate that there is no arrears for them.
Separately from others, there is such a reason for the child’s departure abroad, as medical treatment. Children with serious illnesses can be accompanied by parents (including husbands) or one of them, a guardian, guardian, one or both adoptive parents, foster parents. To cross the state border in this case, you must have the following documents:
- a document issued by the LCC of a health care institution in the manner and in the form established by the Ministry of Health, in which the child’s diagnosis is specified;
- a certificate of receipt of state aid for a child with a serious illness, issued by the structural unit for social protection of the population;
- documents confirming family ties (in the case of being accompanied by a mother and/or father);
- documents confirming the relevant authority of the person accompanying such a child (in the case of accompanying by a guardian, custodian, adoptive parents, foster parents).
As for men who are parents of minor children, we would like to remind you that in addition to the list of documents that we have already listed, in certain cases it is necessary to have a military registration document with a note on the postponement of mobilization.
All these rules are valid at the moment and legislative changes may occur at any moment, therefore, when planning a trip, clarify all the nuances in advance according to your situation.
