Guardians and adoptive parents in the Kherson region are at risk of losing their children
The situation with the protection of children’s rights in the temporarily occupied territories of the Kherson region has become significantly more complicated due to the actions of the occupation authorities, which announced the termination of the validity of Ukrainian documents on guardianship and adoption. This decision applies to families who do not have documents issued by the Russian authorities and creates a real risk of losing guardianship rights for adults who officially care for and look after children. In such conditions, every decision regarding documents and the legitimacy of guardianship becomes a security issue for children and their families.
The threat posed by the new policy of the occupation authorities
The occupation “Ministry of Labor and Social Policy” announced that from March 2026, Ukrainian documents on adoption and establishment of guardianship in the territory of the Kherson region will no longer be recognized. This statement applies to all documents issued before September 30, 2022, or by local authorities of the Kherson region before the beginning of the occupation.
As a result, families who legally perform the duties of guardians under Ukrainian documents actually lose any legal mechanisms to protect the interests of children. In particular, they cannot participate in decisions regarding the child’s change of residence or choose his or her future life path.
Deputy Director of the Center for Near Eastern Studies Serhiy Danilov explains that under the guise of legal procedures, the occupation authorities are trying to hide the facts of the displacement of children and create a mechanism that makes their return impossible. In the event of refusal to recognize Ukrainian documents, children find themselves in a situation where they can be transferred to new guardians or relocated without the participation of legal guardians, which creates a potential threat to both physical and psychological safety.
Mechanisms of influence on families and children
The occupation authorities approach this issue systematically, introducing the requirement to reissue documents under Russian laws. This procedure involves the complete replacement of Ukrainian documents and creates the illusion of “legitimacy” of the movement of children to territories controlled by the Russian Federation. According to Danilov, even accidentally signing documents or participating in formal procedures in the occupied territory can become a basis for further use of these facts against the family.
The control system covers not only legal aspects, but also the daily lives of children and their guardians. Psychological safety and education are at risk, as Ukrainian children in TOT are subjected to militarization and indoctrination, which creates additional pressure on families. The representative of the Verkhovna Rada of Ukraine Commissioner for Human Rights in the Kherson region, Vasyl Donets, notes that such actions are aimed at assimilating children, forming in them a negative attitude towards Ukraine and preparing them for service in the armed forces of the Russian Federation.
Statistics and the scale of the problem
According to the regional military administration, as of the beginning of February 2026, 1,248 orphans and children deprived of parental care were registered with the children’s services, of which 344 were in the temporarily occupied territory of the Kherson region. In total, 416 children, including adopted children, currently live in the TOT, which poses a real risk to every family that does not have Russian documents.
The situation is complicated by the fact that the occupation authorities do not recognize Ukrainian documents and, accordingly, limit the rights of guardians. The only effective way to protect children in such conditions is to leave for the territory under the control of Ukraine, which allows them to restore their legal status and receive proper protection.
Opportunities for protecting children’s rights
For families who remain in the occupied territories, there is a set of measures aimed at protecting children’s rights. In particular, information about children and families is sent to the Secretariat of the Verkhovna Rada of Ukraine Commissioner for Human Rights, which monitors and, in case of violations, transfers data to the Security Service of Ukraine and the Prosecutor General’s Office. Direct communication of citizens with hotlines and e-mail is also provided, which allows for prompt information to the authorities about families seeking to return to the territory controlled by Ukraine.
After the children return to the controlled territory, they undergo a comprehensive recovery and adaptation program at the Center for the Protection of Children’s Rights, where they receive psychological, medical, social and legal support according to the European “Barnahus” model, which meets the principles of child-friendly justice.
