Evacuation of children without parental consent: Volodymyr Zelenskyy signed law No. 12353

Ukrainian President Volodymyr Zelenskyy has signed Law No. 12353, which allows for the mandatory evacuation of children from areas of active combat operations even if their parents refuse. Information about the signing of the document has been published in the legislative initiative’s profile on the parliament’s website.

What the law changes

The document stipulates that during martial law, mandatory evacuation is carried out from settlements included in the list of territories where hostilities are taking place. The decision to carry out such an evacuation is made by regional military administrations upon the recommendation of the military command. The Coordination Headquarters has two days to approve such a decision.

A key innovation is the possibility of forcibly evacuating children even if their parents or legal guardians object. Parliament emphasizes that a child’s right to life and safety is a priority, so military administrations are granted the authority to decide on the mandatory relocation of minors to safe regions.

The Ministry of Internal Affairs of Ukraine explained that the evacuation of children is carried out together with one of the parents or a legal guardian, with the participation of child welfare authorities and the police. If the parents refuse evacuation, the police will transport the child to a safe region and subsequently hand them over to child welfare authorities.

Deputy Minister of Internal Affairs Bohdan Drapiaty called the document a “long-overdue legislative initiative” in the context of Russia’s full-scale war against Ukraine. According to him, the process of coordination and the search for optimal mechanisms to protect children lasted over a year.

The law also stipulates that entry into settlements where a general mandatory evacuation has been declared is permitted only with special passes. Evacuees are guaranteed temporary housing.

Removal without deprivation of parental rights

The document stipulates that refusal to accompany a child during a forced evacuation is grounds for the child’s removal without termination of parental rights.

Parents have six months to file a petition for the child’s return, confirming their residence in a safe area. If this does not occur, the child welfare agency may file a lawsuit in court to terminate parental rights.

Criticism from Human Rights Activists

Following the law’s adoption on February 10, a number of human rights and humanitarian organizations called on the head of state to veto it. They cited risks of excessive state interference in family life, potential conflicts with the Family Code, and the lack of clear safeguards against abuse.

At the same time, the government emphasizes the necessity of such measures in wartime. According to Deputy Prime Minister for Recovery and Minister of Community and Territorial Development Oleksiy Kuleba, as of June 1, 2025, approximately 150,000 people have been evacuated from frontline territories, including nearly 18,000 children and over 5,000 people with limited mobility.