Changes in legislation regarding the departure of children abroad
The Cabinet of Ministers of Ukraine has amended some legal acts on the settlement of issues of notarial acts in the conditions of martial law.
The relevant resolution of the Government of Ukraine was adopted on May 9, 2023 and entered into force from May 23. The document provides for a list of features (prohibitions), according to which notarial actions are carried out under the conditions of martial law and within one month from the date of its termination or cancellation.
The most relevant in relation to the issue of crossing the state border is the norm providing for verification of the validity of powers of attorney, which were presented without the use of special forms of notarial documents on white sheets of paper and certified by a notary in accordance with the law.
If you plan to send your child abroad for rest and recuperation accompanied by third parties — please note that these forms issued after May 23 are invalid. Also, forms received before May 23, in case of doubt about their validity, can be checked by border guards by obtaining a certificate confirming or refuting the notarization of such a power of attorney, which in turn implies a refusal to cross the state border until the receipt of confirmation from the notary.
We remind you that at the time of the introduction of the legal regime of martial law in Ukraine, children who have not reached the age of 16, accompanied by a parent, grandmother, grandfather, adult brother, sister, stepmother, stepfather or other persons authorized by one of the parents with a written statement, by the guardianship and trusteeship authority, carried out without the notarized consent of the second parent and in the presence of a passport of a citizen of Ukraine or a birth certificate of a child (in the absence of a passport of a citizen of Ukraine) /documents containing personal information, on on the basis of which the State Border Guard Service will allow the crossing of the state border.
State Border Guard Service of Ukraine
