Traveling abroad for guardians of children deprived of parental care: what you need to know in 2025

Since the beginning of the full-scale war, Ukrainians have faced severe restrictions on travel abroad due to the introduction of martial law and general mobilization. Men of conscription age are subject to military registration, which makes it impossible for them to move freely outside the country. At the same time, there are categories of citizens who have the right to leave, in particular guardians of orphans or children deprived of parental care. Many Ukrainians who perform guardianship duties are faced with the problem of leaving, because the rules change, and border control carefully checks each case. It is important to know under what conditions the guardian can leave the territory of Ukraine and what documents are required for this.

Legal norms regarding the departure of guardians

According to clauses 2-1 and 2-2 of Resolution of the Cabinet of Ministers No. 57 of January 27, 1995, the categories of persons who can cross the border during martial law are defined.

Also, in clauses 2-6 of the same rules, it is stated that in addition to the defined categories, conscripts who are not subject to conscription during mobilization have the right to leave. This means that certain groups of citizens, regardless of general restrictions, can leave the territory of Ukraine without additional permits from the military commissions.

One of these groups is the guardians of orphans and children under the age of 18 without parental care.

According to paragraph 9 of part 1 of article 23 of the Law of Ukraine “On Mobilization Training and Mobilization”, conscripts who are adoptive parents, guardians, custodians, adoptive parents or foster parents of orphans or children deprived of parental care, are not subject to mobilization. This means that they can freely cross the state border, but this requires documentary evidence.

Conditions for the departure of guardians abroad

In order for the guardian to be able to legally leave Ukraine together with the ward child or to visit her, it is necessary to meet the following requirements:

1. The guardian or custodian must have documentary proof of his status – a decision of the guardianship and guardianship body or a court decision to establish guardianship.
2. The child must be officially deprived of parental care or have the status of an orphan, which is confirmed by relevant documents.
3. It is necessary to have a notarized consent of the second parent (if there is one), which indicates the country of departure and the period of stay abroad.
4. If the child has not reached the age of 16, his departure outside Ukraine is possible only accompanied by a guardian or other authorized person, determined by the decision of the guardianship authorities.
5. If the child is in the area of ​​hostilities, his departure must be agreed with the Children’s Service of the relevant state administration or city council.

What does the law say about crossing the border

According to paragraph 2-14 of Resolution No. 57, crossing the state border is allowed:

1. To female guardians (including those who are adoptive parents, foster parents or educators).
2. To male guardians, if they are single parents or raise a child independently without the participation of the mother.

Such persons have the right to leave in two cases:

• For visiting children who are already abroad.
• To accompany children when traveling abroad.

At the same time, in any case, they must provide supporting documents that are checked by the State Border Service.

What documents are required for departure

In order to cross the border with a child, you must have:

1. Decision of the court or guardianship authority to establish guardianship.
2. Child’s birth certificate.
3. Permission for the child to leave from the other parent (if there is one).
4. Foreign passport of the child and guardian.
5. A document confirming the child’s status (certificate of an orphan or a child deprived of parental care).

If the child leaves independently or accompanied by a third person, it is necessary to additionally have the guardian’s consent, certified by a notary.

Can they refuse to leave?

Border guards have the right to refuse to cross the border if:

1. The documents are drawn up with violations or have inaccuracies.
2. The child does not have the official status of an orphan or deprived of parental care.
3. The guardian cannot prove his right to raise the child.
4. There are suspicions about the safety of departure (for example, the risk of human trafficking or illegal removal of children).

Therefore, before leaving, it is important to check all documents and, if necessary, get advice from the guardianship authorities or the border service.

Therefore, guardians of children deprived of parental care have the right to travel abroad even during martial law, but only under the condition of compliance with all legal norms. The main criterion is the child’s official status and relevant documents confirming the guardian’s right to raise it.

Before the trip, it is important to prepare all the necessary documents in advance and make sure that they meet the requirements of Ukrainian legislation. In case of doubts or difficulties, you should contact the Service for Children, a notary or the State Border Service for additional clarification.