The war in Ukraine caused a mass exodus of citizens, among whom a significant part is children. Protecting children’s rights is a priority even in the most difficult conditions, and ensuring children’s safety is a moral and legal obligation of the state. Border crossing for minors has been simplified to give them access to a safe environment, medical care, education and basic conditions for life abroad as quickly as possible. However, the new rules maintain a balance between promptness and control to prevent the illegal removal of children.
IA “FACT” considered the current rules for the removal of minors outside of Ukraine under martial law, the categories of persons who can accompany children, and the list of necessary documents.
Taking children abroad at present
Since 2024, the border crossing procedure for minors under martial law has been adapted to the needs of Ukrainians. The main change is that children under the age of 16 can leave accompanied by one parent without the mandatory notarized consent of the other. This decision is aimed at facilitating the evacuation of families who find themselves in difficult circumstances due to the war.
Categories of persons who can accompany a child
- One parent without the need for the other parent’s permission.
- Grandmother or grandfather – in the presence of documents confirming family ties and the notarial consent of one of the parents.
- An adult brother or sister – subject to confirmation of the family relationship.
- Stepmother or stepfather – according to documents confirming their status as family members.
- Guardian or custodian – with documents certified by guardianship authorities.
- Authorized person – with the notarized consent of one of the parents.
Documents for crossing the border with a child
To cross the border, a child together with an accompanying person must have:
- The child’s birth certificate or his foreign passport (even if it is expired).
- If the child is accompanied by a relative or an authorized person – documents confirming the family relationship (for example, a birth or marriage certificate).
- A valid foreign passport of the accompanying person.
- In the case of leaving with a guardian, a permit certified by guardianship authorities.
WARNING! In the conditions of martial law, travel abroad is allowed without the notarized consent of the other parent (adoptive).
A person who has reached the age of 16 has the right to freely and independently leave Ukraine (part three of Article 313 Civil Code of Ukraine).
Additional requirements for accompanying a child
During martial law, persons accompanying a child abroad are obliged to:
- Prepare a certified statement from the guardianship authority (in the absence of parents).
- Ensure the safety of the child during the trip and after arrival at the new place of residence.
- Provide information about further plans for the child’s stay outside of Ukraine, if requested by the border service.
Peculiarities of a notarial consent to the removal of a child
If it is necessary to draw up a notarized consent of one of the parents, you need to prepare:
- Original passports of both parents.
- Registration numbers of tax payers’ registration cards.
- Child’s foreign passport (if any) or child’s birth certificate.
The notary certifies the applicant’s signature, after which the document becomes the basis for legally accompanying the child abroad.
Why are these rules important?
The updated rules are aimed at:
- Ensuring rapid evacuation of children in case of danger.
- Prevention of illegal export of minors, in particular human trafficking.
- Guaranteeing the child’s rights to safety, education and access to medical services.
This decision also takes into account the importance of maintaining family ties by allowing close relatives to participate in accompanying the child.
A practical example
Maria, a mother of two children, left Kyiv region for Poland with her 10-year-old son. Thanks to the simplification of the rules, she was able to do this quickly, presenting only his birth certificate and her foreign passport. Her youngest daughter was accompanied by her grandfather, who had a certified consent from her mother and documents proving the family connection. This made it possible to avoid delays and ensure the safety of children.
During war, ensuring the safety and rights of children is one of the most important tasks of the state. Simplified rules for children traveling abroad create opportunities for quick evacuation and protection of the most vulnerable categories of the population. At the same time, supervision of accompanying children prevents abuse and ensures that the interests of minors remain a priority.
This system demonstrates the coordinated operation of government structures in times of crisis, while remaining flexible to the needs of citizens.
