The Verkhovna Rada of Ukraine has adopted an important law that significantly changes the rules for evacuating the population, including children, in wartime. According to the new regulations, parents are obliged to provide safe conditions for their lives, which is now a legal requirement. In case of evasion of their duties to protect the life and health of a child, parents may be deprived of parental rights. The law provides for the forced evacuation of the population from territories where hostilities are underway or possible. In particular, the evacuation of children in martial law is carried out without their parents in case of refusal to accompany them, which is undoubtedly an important change in the legal system of Ukraine.
Lawyers of the Repeshko and Partners Law Firm, contacted by our editorial team, commented on important legislative innovations related to forced evacuation, as well as the responsibility of parents for the safety of their children. In particular, it concerns the possibility of taking children away from their parents without deprivation of parental rights, as well as the right of guardianship and trusteeship bodies to temporarily accommodate evacuated children.
On February 10, 2026, the Verkhovna Rada of Ukraine adopted the Law “On Amendments to Certain Legislative Acts of Ukraine on the Regulation of Evacuation, Accommodation and Life Support of Evacuated Population, Ensuring the Protection of Children in Settlements Located in Territories of Active and Possible Military (Combat) Operations”. The essence of the law is clear from its title, let’s figure out what innovations currently concern the evacuation of the population in general and children in particular. From now on, parents of children are obliged to take care not only of the health, its physical, spiritual and moral development, but also of the safe living conditions of the child.
Also, from now on, a mother or father may be deprived of parental rights by a court if she or he: evades the fulfillment of their duties to raise a child, ensure safe living conditions for the child and/or ensure that the child receives a full secondary education. So, currently, evasion of ensuring safe living conditions for the child is an independent ground for depriving parents of parental rights. Pay special attention to this!
In addition, the current changes provide for the following. In peacetime, for the purpose of advance planning of measures to evacuate the population, material and cultural values, the General Staff of the Armed Forces of Ukraine determines areas of possible military (combat) operations and armed conflicts. During martial law, mandatory evacuation of the population is carried out from settlements located in the territories of active and possible military (combat) operations, which are included in the List of territories in which military operations are (were) conducted or temporarily occupied by the Russian Federation, which is approved in accordance with the procedure established by the Cabinet of Ministers of Ukraine.
The decision to carry out mandatory evacuation of the population from settlements located in the territories of active and possible military (combat) operations is made at the proposal of the military command in the relevant territory by the regional and Kyiv city military administrations.
It should be noted that mandatory evacuation may be general and partial for certain categories of the population who, due to age or health, are unable to independently take measures to preserve their life or health, including:
- children,
- persons with disabilities,
- elderly people
- other categories of the population, by decision of the regional, Kyiv city state administrations (military administrations in case of their formation).
In order to ensure the possibility of conducting military (combat) operations by the defense forces, including the arrangement of fortifications and engineering barriers, the formation of strongpoints, in the territories of active and possible military (combat) operations, the military command in the relevant territory may determine specific separate sections of the territories, including parts of settlements, from which there is a need for mandatory evacuation of all categories of the population.
It is worth knowing that the decision to carry out mandatory evacuation of all categories of the population on these grounds is made by regional and Kyiv city military administrations upon a written proposal from the military command in the relevant territory.
In order to protect children who are in settlements located in the territories of active and possible military (combat) operations, regional and Kyiv city military administrations, upon a written proposal from the military command in the relevant territory and in agreement with the Coordination Headquarters for Evacuation Measures and Effective Response to Mass Population Movements, established by the Cabinet of Ministers of Ukraine, may, within two days from the date of receipt of the proposal, make a decision to carry out mandatory evacuation of children in a forced manner.
The Coordination Headquarters for Evacuation Measures and Effective Response to Mass Population Movements, established by the Cabinet of Ministers of Ukraine, approves the decision of regional and Kyiv city military administrations within two days from the date of its adoption.
Mandatory evacuation of all categories of the population is organized and carried out by the relevant regional, Kyiv city military administrations together with local self-government bodies in the relevant territory with the involvement (if necessary) of units of the Military Law Enforcement Service of the Armed Forces of Ukraine and the National Police of Ukraine. At the same time, places for temporary accommodation of the forcibly evacuated population are determined by the coordination headquarters for conducting evacuation measures and effective response to mass population movements, established by the Cabinet of Ministers of Ukraine.
Mandatory forced evacuation of children from the territories of possible military (combat) actions is carried out by guardianship and trusteeship bodies with the involvement of the relevant body or unit of the National Police of Ukraine to ensure public safety and order.
If the settlement is located in the territory of active military (combat) operations, which are included in the List of territories where military operations are (were) conducted or temporarily occupied by the Russian Federation, approved in accordance with the procedure established by the Cabinet of Ministers of Ukraine, the mandatory forced evacuation of children is carried out by police officers authorized by the decision of the head of the relevant body or unit of the National Police of Ukraine.
And now there are especially important changes that directly concern children! The mandatory forced evacuation of children to safe areas is carried out accompanied by parents (one of the parents), another family member, relative (grandparents, adult brothers, sisters, stepfather, stepmother), other legal representatives of the child or, with their consent, unaccompanied or with other persons. In the event of refusal of parents, other family members, relatives (grandparents, adult brothers, sisters, stepfather, stepmother), other legal representatives of the child to accompany the child during mandatory evacuation, which is recorded by the police using video recording, the forced evacuation of children to safe areas is carried out without the accompaniment of such persons.
In the event of refusal of parents, other family members, relatives (grandparents, adult brothers, sisters, stepfather, stepmother) or other legal representatives of the child to accompany the child during mandatory forced evacuation of children from settlements located in the territories of active military (combat) operations, the child is taken away from the parents without deprivation of their parental rights. At the same time, within six months from the date of the child’s removal, the parents or other legal representatives of the child have the right to apply to the guardianship and trusteeship body with a petition for the return of the child and provide documents confirming their place of residence in the territory of an administrative-territorial unit/territorial community that does not belong to the territories of active hostilities and/or temporarily occupied by the Russian Federation, which are included in the List of territories in which hostilities are (were) conducted or temporarily occupied by the Russian Federation.
If the parents or other legal representatives of the child have not exercised their right to return the child in the event of removal without deprivation of parental rights, the guardianship and trusteeship body shall apply to the court with a claim for deprivation of their parental rights in accordance with the procedure established by law.
We remind you that in the Family Code of Ukraine there is a separate procedure for taking a child away from parents without deprivation of parental rights, and we have already written about it. The procedure itself usually takes place by court decision, but in exceptional cases, in case of an immediate threat to the life or health of the child, the guardianship and trusteeship body or the prosecutor have the right to issue a decision on the immediate taking of a child away from the parents before the court makes a decision. In this case, the guardianship and trusteeship body is obliged to immediately notify the prosecutor and, within seven days after the decision is issued, apply to the court with a claim for the deprivation of the parents or one of them of parental rights or for the removal of the child from the mother, father without deprivation of their parental rights. The prosecutor has the right to apply to the court with such a claim.
The law also stipulates that persons evacuated from settlements located in the territories of active and possible military (combat) operations have the right to be provided with residential premises from the housing stock for temporary residence. In practice, this is more difficult, but taking into account recent changes in housing legislation, the state is trying to resolve the issue by introducing the concepts of “social housing”, “affordable housing”, “housing for temporary residence” and the criteria for obtaining it. Time will tell how effectively the norm will work, because many do not want to evacuate to safe areas precisely for housing reasons – not everyone has the means to pay rent at commercial prices, and by staying at home, citizens have hope of living in their own homes and that they will survive enemy attacks.
In addition to the Family Code of Ukraine, the changes also affected the Law of Ukraine “On the Protection of Childhood”, which also states that in order to protect children who are in settlements located in the territories of active and possible military (combat) operations, regional, Kyiv city military administrations, upon a written proposal from the military command in the relevant territory and in agreement with the coordination headquarters for conducting evacuation measures and effective response to mass displacement of the population, established by the Cabinet of Ministers of Ukraine, may decide to conduct mandatory forced evacuation of children.
The law states that if the mandatory forced evacuation of children is carried out without the accompaniment of parents (one of the parents), another family member, relative (grandparents, adult brothers, sisters, stepfather, stepmother), other legal representatives of the child, such children in safe areas are transferred to the guardianship and trusteeship body for further transfer to the other parent or other legal representative of the child living in a safe area, or taking other measures stipulated by law.
The return of forcibly evacuated children to their parents, a person replacing them (stepfather, stepmother, guardian or custodian or a person entrusted with the responsibilities of raising or caring for the child), or another legal representative of the child in the territory of an administrative-territorial unit/territorial community that does not belong to the territories of active hostilities and/or temporarily occupied by the Russian Federation, which are included in the List of territories in which hostilities are (were) conducted or temporarily occupied by the Russian Federation, approved in accordance with the procedure established by the Cabinet of Ministers of Ukraine, is carried out in accordance with the Procedure for the conduct of guardianship and care activities related to the protection of children’s rights.
In connection with such changes in the current legislation, we urge parents to be responsible. A child depends on his parents not only financially, but first of all morally. Do not allow situations when forced evacuation is carried out, and especially since the child will be forcibly evacuated separately. After all, according to the current legislation, temporary placement of a child left without parental care, including a child separated from his family, is carried out within the competence of the children’s service and the authorized body of the National Police at the place where the child was found.
A child left without parental care, including a child separated from his family, may be temporarily placed in:
- a family of relatives, acquaintances;
- a foster family;
- a family-type children’s home;
- a foster family;
- a shelter for children of the children’s service;
- a center for social and psychological rehabilitation of children;
- a center for social support of children and families;
- a social and rehabilitation center (children’s town);
- a children’s home, an orphanage-boarding house of the social protection system of the population;
- a stationary service (department) of the center of social services that provides social and psychological rehabilitation children;
- inpatient service (department) of socio-psychological rehabilitation of children (providing services of socio-psychological rehabilitation to children in difficult life circumstances) of the social services center.
Therefore, we advise parents to carefully monitor the innovations in the legislation and promptly fulfill their obligations to ensure the safety of children. Remember that evasion of these obligations can lead to serious legal consequences, including the possibility of deprivation of parental rights.
