Recent changes
- The 1993 Minsk Convention ceased to apply to Ukraine: its family and succession conflict rules no longer operate with six CIS states (Law No. 2783-IX)
- Hague Child Support Convention 2007 entered into force for Ukraine
- Hague Convention 1961 on the Form of Testamentary Dispositions entered into force for Ukraine
- Hague Child Protection Convention 1996 entered into force for Ukraine
- Hague Child Abduction Convention 1980 entered into force for Ukraine
What this page covers
Sixteen of Ukraine’s legal-assistance treaties contain conflict-of-laws rules and rules of jurisdiction in family and succession matters: which law governs legal capacity and guardianship, the conditions and dissolution of marriage, parentage and adoption, succession to movable and immovable property and the form of a will, which authorities have jurisdiction, and whether decisions are recognised without separate proceedings. The other 14 bilateral treaties contain no such rules and deal only with procedure: service of documents, evidence, recognition of judgments. The page follows the Ukrainian texts of the treaties published by the Verkhovna Rada: each cell gives the connecting factor and the article, and the state’s name links to the treaty text. Where there is no rule, the cell says “no rule”.
The treaty is the first layer. Where there is no treaty with a state, or the treaty has no rule, the Private International Law Act of Ukraine (Chapters IX and X — family and succession relations) and the Hague Conventions listed below apply. The procedure for recognising judgments, channels of communication, legalisation of documents and the treaty rules on legal persons are described in the reference on legal-assistance treaties and are not repeated here.
Choosing the source in four steps.
- Is there a bilateral treaty with the state? If not — the Private International Law Act (Chapters IX, X) and the Hague Conventions.
- Does the treaty contain a conflict rule on the point? If not (14 treaties, last column of the recognition table) — the same.
- Is the state a Contracting State of the 1996 Hague Convention (children) or the 2007 Convention (maintenance)? If so, the Convention prevails over the treaty.
- Which category — capacity, marriage, children or succession? Open the relevant table; for the Soviet-era treaties see the separate section.
What to know before reading the tables
- Nationality is the main connecting factor. All fifteen treaties with conflict rules subject legal capacity to the law of nationality, the conditions of marriage to the nationality of each spouse, and divorce to the spouses’ common nationality at the time of the application. Place of residence becomes the connecting factor only where the nationalities differ or the spouses live in different states. “Place of residence” is given as the treaty text has it; the treaties do not define the term and, in our view, it falls to be construed under the law of the forum.
- The three-month rule. Under eleven treaties the court of the state of residence may declare a person incapable only after the court of the state of nationality has failed for three months to open the case or state its view, and only on grounds provided by the law of both states (Georgia, Estonia, Latvia, Uzbekistan, Vietnam, North Macedonia, Czechia, Romania, Cuba, North Korea, the 1982 treaty with Slovakia). Poland, Moldova and Lithuania describe the conditions differently (Arts. 22(2)–(3), 22(2)–(3), 23(2)); Türkiye limits the court of residence to protective measures (Art. 19(2)).
- Adoption: whose law. Six treaties subject adoption to the law of the adopter’s nationality (Poland, Lithuania, Georgia, Estonia, Latvia, Slovakia 1982), seven to the law of the child’s nationality (Moldova, Uzbekistan, Vietnam, North Macedonia, Czechia, Cuba, North Korea), and two to both laws (Türkiye, Romania). The consents of the child and its representatives are governed in most treaties by the law of the child’s nationality. Ukraine has not ratified the 1993 Hague Intercountry Adoption Convention.
- Children: the 1996 Hague Convention prevails. Between Contracting States of the 1996 Convention (all EU states, Georgia, Türkiye, Moldova and others) parental responsibility, guardianship of children and measures of protection are governed by the Convention, which under Art. 52 prevails over earlier treaties on the same matters. In our view, the “Parents and children” and “Guardianship of children” cells for those states should be read only after checking the Convention. Maintenance from Contracting States of the 2007 Hague Convention is recovered under that Convention.
- Succession: two approaches to movables. Seven treaties subject succession to movable property to the law of the deceased’s nationality at the time of death (Poland, Moldova, Vietnam, North Macedonia, Czechia, Romania, North Korea), nine to the law of the last place of residence (Lithuania, Georgia, Estonia, Latvia, Uzbekistan, Türkiye, Cuba, Cyprus, Slovakia 1982). Immovable property is governed in every treaty by the law of the place where it is located, and jurisdiction is divided along the same line. Escheat: movables pass to the state of nationality, immovables to the state of location.
- Form of the will. All treaties but two treat a will as valid in form if it complies with the law of the testator’s nationality or the law of the place where it was made. Türkiye requires compliance with both laws at once (Art. 32); Uzbekistan subjects both capacity and form to the law of the testator’s place of residence (Art. 47). With Contracting States of the 1961 Hague Convention wider alternative connecting factors apply.
- Recognition of family decisions. Under thirteen treaties non-pecuniary decisions — divorce, guardianship, establishment of paternity — are recognised without separate proceedings, provided there is no conflict with an earlier decision or with exclusive jurisdiction; Poland and Moldova provide a procedure for decisions of non-judicial authorities in family matters (Art. 48(2) / 47(2)). The treaty with Cyprus contains no conflict rules in family matters, but has succession rules (Arts. 18–19) and defines jurisdiction for the purposes of recognition (Art. 17). Hungary recognises non-pecuniary decisions, but the treaty provides for no enforcement of them (Art. 16(2)).
- Three caveats on the texts. The treaties with Cuba (2003), Senegal (2013) and Morocco (2019) are marked *: the Verkhovna Rada records show no date of entry into force, and we do not advise relying on them without verification. The 1982 USSR–Czechoslovakia treaty is in force with Slovakia (see the legal-assistance reference). The treaty with Czechia is given as amended by the 2007 Protocol (Arts. 33, 33a, 36), although the text on the Verkhovna Rada site is published unamended. In the published Ukrainian text of the treaty with Estonia, Arts. 34(1), 35, 36 and 37(1) read “heir” where the identical provisions of the treaty with Georgia read “deceased”; the meaning is the deceased, and this should be checked against the official copy.
Legal capacity, guardianship of adults, absence
The state’s name links to the treaty text. Article numbers follow the Ukrainian texts.
* — the Verkhovna Rada record shows no date of entry into force; do not rely on the treaty without verification.
| Treaty | Legal capacity | Limitation of capacity, incapacity | Guardianship of adults | Absence, declaration of death |
|---|---|---|---|---|
| Poland | nationality, Art. 21(1) | court and law of nationality, Art. 22(1); court of the place of residence under the conditions of Art. 22(2)–(3); urgent measures, Art. 22(4) | authority and law of the ward’s nationality, Art. 31(1); guardian–ward relations — law of the authority that established the guardianship, Art. 31(2); transfer of guardianship, Art. 31(6)–(7) | absence — no rule; declaration of death, establishment of the fact of death — court and law of nationality at the time the person was last known to be alive, Art. 23(1), (3); exceptions for the court of the other Party, Art. 23(2), (4) |
| Lithuania | nationality, Art. 22(1) | law and authorities of nationality, Art. 23(1); authority of the place of residence or stay under the conditions of Art. 23(2); urgent measures, Art. 23(4) | authority and law of the ward’s nationality, Art. 30(1); guardian relations — law of the authority that appointed the guardian, Art. 30(2); transfer of guardianship, Art. 30(5)–(6) | authorities of nationality at the time the person was last known to be alive, Art. 24(1); authorities of the other Party on application of persons residing on its territory, if their rights rest on its law, Art. 24(2); law of the authority, Art. 24(3) |
| Moldova | nationality, Art. 21(1) | court and law of nationality, Art. 22(1); court of the place of residence under the conditions of Art. 22(2)–(3); urgent measures, Art. 22(4) | authority and law of the ward’s nationality, Art. 31(1); guardian relations — law of the authority that established the guardianship, Art. 31(2); transfer of guardianship, Art. 31(6)–(7) | court and law of nationality at the time the person was last known to be alive, Art. 23(1), (3); exceptions for the court of the other Party only for declaration of death and the fact of death, Art. 23(2), (4) |
| Georgia | nationality, Art. 22(1) | law and authorities of nationality, Art. 23(1); authority of the place of residence — its own law after consent or three months’ silence, Art. 23(2); urgent measures — Art. 23(4) | nationality (authority and law), Art. 30(1); guardian relations — law of the Party whose authority made the appointment, Art. 30(2) | authorities of nationality at the time the person was last known to be alive, Art. 24(1); authorities of the other Party on application of persons residing there, Art. 24(2); law of its own state, Art. 24(3) |
| Estonia | nationality, Art. 22(1) | law and authorities of nationality, Art. 23(1); authority of the place of residence — its own law after consent or three months’ silence, Art. 23(2); urgent measures — Art. 23(4) | nationality (authority and law), Art. 30(1); guardian relations — law of the Party whose authority made the appointment, Art. 30(2) | authorities of nationality at the time the person was last known to be alive, Art. 24(1); authorities of the other Party on application of persons residing there, Art. 24(2); law of its own state, Art. 24(3) |
| Latvia | nationality, Art. 21(1) | law and authorities of nationality, Art. 22(1); authority of the place of residence or stay — its own law after consent or three months’ silence, Art. 22(2); urgent measures — Art. 22(4) | nationality (authority and law), Art. 30(1); guardian relations — law of the Party whose authority made the appointment, Art. 30(2) | authorities of nationality at the time the person was last known to be alive, Art. 23(1); authorities of the other Party on application of persons residing there, Art. 23(2); law of its own state, Art. 23(3) |
| Uzbekistan | nationality, Art. 23(1) | jurisdiction: court of nationality, Art. 24(1); after three months without reaction — court of the place of residence, Art. 24(3); applicable law not expressly stated | ward’s nationality, Art. 33(1); jurisdiction — state of nationality, Art. 34; relations — law of the appointing authority, Art. 33(2) | jurisdiction: nationality at the time of the last information that the person was alive, Art. 25(1), also the court on application of persons residing in its state, Art. 25(2); law of the court, Art. 25(3) |
| Vietnam | nationality, Art. 21(1) | court and law of nationality, Art. 22(1); after three months without reaction — authority of the place of residence or stay under its own law, if grounds also exist under the law of nationality, Art. 22(2) | ward’s nationality (law and jurisdiction), Art. 30(1); relations — law of the appointing authority, Art. 30(2) | jurisdiction: nationality at the time of the last information that the person was alive, Art. 23(1); court on application concerning immovable property in its state or a spouse residing there, Art. 23(2), effect only in that state, Art. 23(4); law of the court, Art. 23(3) |
| North Macedonia | nationality, Art. 20(1) | law and court of nationality, Art. 21(1), (2); court of the place of residence, grounds under the law of both Parties, if the state of nationality does not report a decision within three months, Art. 21(4) | establishment, termination: ward’s nationality, Art. 22(1); duty to accept: guardian’s nationality, Art. 22(2); relations: Party of the appointing authority, Art. 22(3); jurisdiction: ward’s nationality, Art. 23(1) | jurisdiction: nationality on the day of the last information, Art. 24(1); also the authority of the interested person’s place of residence, with effect only on its own territory, Art. 24(2), (4); law: its own, Art. 24(3) |
| Türkiye | nationality, Art. 18(1) | court and law of nationality, Art. 19(1), (3); measures by the court of the place of residence or stay, Art. 19(2) | nationality, authority and law, Art. 26(1); also authorities of the place of residence, stay or property, Art. 26(1); relations: Party of the appointing authority, Art. 26(2) | court and law of nationality at the time of the last information, Art. 20(1), (3); court of the other Party in the cases of Art. 20(2), with effect only on its territory, Art. 20(4) |
| Czechia | nationality, Art. 22(1) | law and court of nationality, Art. 23(1), (2); court of the place of residence, grounds under the law of both Parties, if the court of nationality is inactive for three months, Art. 23(4); urgent measures, Art. 23(5) | establishment, termination: ward’s nationality, Art. 24(1); duty to accept: guardian’s nationality, Art. 24(2); relations: Party of the appointing authority, Art. 24(3); jurisdiction: nationality, Art. 25(1) | jurisdiction: nationality on the day of the last information, Art. 27(1); also the authority of the interested person’s place of residence, with effect only on its own territory, Art. 27(2), (4); law: its own, Art. 27(3) |
| Romania | nationality, Art. 22(1) | law and authorities of nationality, Art. 23(1); authority of the place of residence or location — under its own law, if the competent authority transferred the case or did not respond within three months and grounds also exist under the law of nationality, Art. 23(2); provisional measures, Art. 23(4) | law and guardianship authority of the ward’s nationality, Art. 30(1); guardian–ward relations — Party of the appointing authority, Art. 30(2); transfer of guardianship, Art. 30(5), (6) | authorities of the Party of nationality at the time the person was last known to be alive, Art. 24(1); also authorities of the other Party on application of interested persons residing there, Art. 24(2), effects only on its territory, Art. 24(3); law of its own state, Art. 24(4) |
| Cuba* | nationality, Art. 21(1) | authority and law of nationality, Art. 22(1); with its consent or after three months’ silence — authority of the place of residence or location under its own law, if grounds also exist under the law of nationality, Art. 22(2) | ward’s nationality (law and jurisdiction), Art. 29(1); relations — law of the appointing authority, Art. 29(2) | jurisdiction: nationality at the time of the last information that the person was alive, Art. 23(1); authority on application of persons residing in its state, Art. 23(2); law of the authority, Art. 23(3) |
| North Korea | nationality, Art. 21(1) | court and law of nationality, Art. 22(1); after three months without reaction — authority of the place of residence or stay under its own law, if grounds also exist under the law of nationality, Art. 22(2) | ward’s nationality (law and jurisdiction), Art. 29(1); relations — law of the appointing authority, Art. 29(2) | jurisdiction: nationality at the time of the last information that the person was alive, Art. 23(1); authority on application of persons residing in its state, Art. 23(2), effect only in that state, Art. 23(4); law of the authority, Art. 23(3) |
| Slovakia (1982 USSR–Czechoslovakia treaty) | nationality, Art. 19(1) | court of nationality, Art. 20 (applicable law not expressly stated); court of the place of residence if the court of nationality does not open the case or state its view within three months, only on grounds under the law of both Parties, Art. 21(2); restoration, Art. 22 | law of the ward’s nationality, Art. 31(1); jurisdiction — authorities of the ward’s nationality, Art. 32; guardian–ward relations — Party of the appointing authority, Art. 31(2); transfer of guardianship, Art. 34 | authorities of the Party of nationality at the time the person was last known to be alive, Art. 23(1); also authorities of the other Party on application of interested persons residing there, Art. 23(2); law of its own state, Art. 23(3) |
Marriage and spouses
“Conditions of marriage” are the substantive requirements (age, impediments); “form” is the manner of celebration. The divorce and nullity columns give both the applicable law and jurisdiction.
* — the Verkhovna Rada record shows no date of entry into force; do not rely on the treaty without verification.
| Treaty | Conditions of marriage | Form of marriage | Relations between spouses | Divorce | Nullity of marriage |
|---|---|---|---|---|---|
| Poland | nationality of each spouse, Art. 24(2) | place of celebration, Art. 24(1) | common nationality at the time of the application, Art. 25(1); different — place of residence, and where the spouses live in different Parties — law of the Party of the court, Art. 25(2); immovable property — place of location, Art. 25(5) | law: common nationality when the case is brought, Art. 26(1); different — place of residence, where they live in different Parties — law of the Party of the authority, Art. 26(2); jurisdiction: authority of common nationality, Art. 26(3); different — authority of the place of residence, where they live in different Parties — both, Art. 26(4) | law applied at the celebration of the marriage, Art. 27(1); jurisdiction under Art. 26, Art. 27(2) |
| Lithuania | nationality of each spouse; in addition, impediments under the law of the place of celebration, Art. 25(1) | place of celebration, Art. 25(2) | permanent place of residence, Art. 26(1); residence in different Parties with one nationality — nationality, Art. 26(2); different nationality and separate residence — last common place of residence, Art. 26(3); if there was none — law of the authority, Art. 26(4) | law: nationality of the spouses at the time of the application, Art. 27(1); different nationality and residence in different Parties — law of the authority, Art. 27(2); jurisdiction: authorities of nationality, also of the Party of residence, Art. 27(1); authorities of both, Art. 27(2); different nationality with residence in one Party — no rule | law applied at the celebration under Art. 25; jurisdiction under paras. 1 and 2, Art. 27(3) |
| Moldova | nationality of each spouse, Art. 24(2) | place of celebration, Art. 24(1) | common nationality at the time of the application, Art. 25(1); different — place of residence, and where the spouses live in different Parties — law of the Party of the court, Art. 25(2); immovable property — place of location, Art. 25(5) | law: common nationality when the case is brought, Art. 26(1); different — place of residence, where they live in different Parties — law of the Party of the authority, Art. 26(2); jurisdiction: authority of common nationality, Art. 26(3); different — authority of the place of residence, where they live in different Parties — both, Art. 26(4) | law applied at the celebration of the marriage, Art. 27(1); jurisdiction under Art. 26, Art. 27(2) |
| Georgia | nationality of each spouse, Art. 25(1); in addition, impediments under the law of the place of celebration, Art. 25(1) | place of celebration, Art. 25(2) | common place of residence, Art. 26(1); residence in different Parties: one nationality — nationality, Art. 26(2); different — last common place of residence, Art. 26(3); none — law of the authority, Art. 26(4) | common nationality at the time of the application (law and authorities), also authorities of the common place of residence in the other Party, Art. 27(1); different nationality and residence in different Parties — authorities of both, their own law, Art. 27(2) | law applied at the celebration under Art. 25; jurisdiction under Art. 27(1), (2), Art. 27(3) |
| Estonia | nationality of each spouse, Art. 25(1); in addition, impediments under the law of the place of celebration, Art. 25(1) | place of celebration, Art. 25(2) | common place of residence, Art. 26(1); residence in different Parties: one nationality — nationality, Art. 26(2); different — last common place of residence, Art. 26(3); none — law of the authority, Art. 26(4) | common nationality at the time of the application (law and authorities), also authorities of the common place of residence in the other Party, Art. 27(1); different nationality and residence in different Parties — authorities of both, their own law, Art. 27(2) | law applied at the celebration under Art. 25; jurisdiction under Art. 27(1), (2), Art. 27(3) |
| Latvia | nationality of each spouse, Art. 24(1); in addition, impediments under the law of the place of celebration, Art. 24(1) | place of celebration, Art. 24(2) | common residence, Art. 25(1); residence in different Parties: one nationality — nationality (personal relations only), Art. 25(2); different — last common place of residence, Art. 25(3); none — law of the authority, Art. 25(4); immovable property — place of location, Art. 25(5) | common nationality at the time of the application, also authorities of the common place of residence in the other Party, Art. 26(1); different nationality and residence in different Parties — law of the authority hearing the case, Art. 26(2) | law applied at the celebration under Art. 24; jurisdiction under paras. 1, 2, Art. 26(3) |
| Uzbekistan | nationality of each spouse, in addition impediments — place of celebration, Art. 26(1) | place of celebration, Art. 26(2) | common place of residence, Art. 27(1); separate residence and one nationality — nationality, Art. 27(2); separate and different — last common place of residence, Art. 27(3); otherwise law of the authority, Art. 27(4); immovable property — place of location, Art. 27(5) | common nationality at the time of the application, Art. 28(1); different — law of the authority, Art. 28(2); jurisdiction: state of nationality, also the state of residence of both, Art. 29(1); different — residence of both, if separate both Parties, Art. 29(2) | law applied at the celebration under Art. 26, Art. 30(1); jurisdiction under Art. 29, Art. 30(2) |
| Vietnam | nationality of each spouse, in addition impediments — place of celebration, Art. 24(1) | place of celebration, Art. 24(2) | common place of residence, Art. 25(1); separate residence and one nationality — nationality, Art. 25(2); separate and different — last common place of residence, Art. 25(3); otherwise law of the court, Art. 25(4) | common nationality at the time of the application (law and jurisdiction), also authorities of the common residence in the other Party, Art. 26(1); different and separate — authorities of both Parties under their own law, Art. 26(2) | law applied at the celebration under Art. 24; jurisdiction under paras. 1, 2, Art. 26(3) |
| North Macedonia | nationality of each spouse, Art. 25(1); impediments: place of celebration, Art. 25(2) | place of celebration, Art. 25(2) | common place of residence, Art. 26(1); in different Parties: last common place of residence, Art. 26(2); jurisdiction: Party of the applicable law, Art. 26(3) | common nationality at the time of the application: law and authorities of that Party, Art. 27(1), (3); different: common place of residence, Art. 27(2), (4); in different Parties: authorities of both, law of the Party of the authority, Art. 27(2), (4) | law applied at the celebration, Art. 28(1); jurisdiction under Art. 27, Art. 28(2) |
| Türkiye | nationality, Art. 21(1); in addition impediments under the law of the place of celebration, Art. 21(1) | place of celebration, Art. 21(2) | same nationality: law of nationality, Art. 22(1), (2); different: common place of residence, Art. 22(1); in different Parties: last common, Art. 22(3); never had a common one: law of the court, Art. 22(4) | same nationality on the day of application: authorities and law of that Party; if they reside in the other Party: also its authorities and law, Art. 23(1); different: common place of residence, Art. 23(1); different and residence in different Parties: authorities of both, each its own law, Art. 23(2) | place of celebration, Art. 23(3); jurisdiction under Art. 23(1), (2) |
| Czechia | nationality of each spouse, Art. 28(1); impediments: place of celebration, Art. 28(2) | place of celebration, Art. 28(2) | common place of residence, Art. 29(1); in different Parties: last common, Art. 29(2); never had a common one on the Parties’ territory: Party of the claim, Art. 29(3); jurisdiction, Art. 29(4) | common nationality at the time of the application: law and authorities of that Party, Art. 30(1), (3); residing in the other Party: authorities of both, law of nationality, Art. 30(3); different: common place of residence, Art. 30(2), (4); in different Parties: authorities of both, their own law, Art. 30(2), (4) | law applied at the celebration, Art. 31(1); jurisdiction under Art. 30, Art. 31(2) |
| Romania | nationality of each spouse, Art. 25(1); in addition, impediments under the law of the place of celebration, Art. 25(1) | place of celebration, Art. 25(2) | common nationality, Art. 26(1), (2); different nationality: common place of residence, Art. 26(4); residence in different Parties — last common place of residence, Art. 26(3); otherwise law of the authority hearing the case, Art. 26(5) | law under Art. 26 (Art. 27(1)); jurisdiction: authorities of the Party whose law applies, in the case of Art. 26(5) — of both Parties, Arts. 26(6), 27(1) | law under Art. 25 (Art. 27(2)); courts under Art. 26(6) |
| Cuba* | nationality of each spouse, in addition impediments — place of celebration, Art. 24(1) | place of celebration, Art. 24(2) | common place of residence, Art. 25(1); separate residence and one nationality — nationality, Art. 25(2); separate and different — last common place of residence, Art. 25(3); otherwise law of the authority, Art. 25(4) | common nationality at the time of the application (law and jurisdiction), also authorities of the spouses’ place of residence in the other Party, Art. 26(1); different and separate — authorities of both Parties under their own law, Art. 26(2) | law applied at the celebration under Art. 24; jurisdiction under paras. 1, 2, Art. 26(3) |
| North Korea | nationality of each spouse, in addition impediments — place of celebration, Art. 24(1) | place of celebration, Art. 24(2) | common place of residence, Art. 25(1), (4); separate residence and one nationality — nationality, Art. 25(2); separate and different — last common place of residence, Art. 25(3); no nationality of a Party and no common residence — law of the authority, Art. 25(5) | common nationality at the time of the application (law and jurisdiction), also authorities of the common residence in the other Party, Art. 26(1); different and separate — authorities of both Parties under their own law, Art. 26(2) | law applied at the celebration under Art. 24; jurisdiction under paras. 1, 2, Art. 26(3) |
| Cyprus | no rule | no rule | no rule | law: no rule; jurisdiction only for the purposes of recognition (personal status; divorce not expressly named): habitual residence of the claimant, Art. 17(1)(f) | no rule |
| Slovakia (1982 USSR–Czechoslovakia treaty) | nationality of each spouse, Art. 24(1); in addition, impediments under the law of the place of celebration, Art. 24(1) | place of celebration, Art. 24(2) | common place of residence, Art. 25(1); residence in different Parties with the same nationality — that nationality, Art. 25(2); with different nationality — last common place of residence, Art. 25(3); none — law of the authority to which the application is made, Art. 25(4) | common nationality at the time of the application, Art. 26(1); different — law of the authority conducting the case, Art. 26(2); jurisdiction: authorities of the common nationality at the time of the application, and if both then reside on the other Party’s territory, also its authorities, Art. 27(1); with different nationality — place of residence of both, if they reside in different Parties — authorities of both, Art. 27(2) | law under Art. 24 applied at the celebration, Art. 28(1); jurisdiction under Art. 25, Art. 28(2) |
Parents and children, adoption, guardianship of children, maintenance
For Contracting States of the 1996 Hague Convention check the Convention first (see above).
* — the Verkhovna Rada record shows no date of entry into force; do not rely on the treaty without verification.
| Treaty | Parentage | Parents and children | Adoption | Guardianship of children | Maintenance |
|---|---|---|---|---|---|
| Poland | mother’s nationality at the time of birth; form of acknowledgement — the law of the place of acknowledgement suffices, Art. 28(2); authorities of the child’s nationality and place of residence, Art. 28(3) | child’s nationality, Art. 28(1); authorities of the child’s nationality and place of residence, Art. 28(3) | adopter’s nationality at the time of the application, and where the adopter resides in the other Party — its law, Art. 30(1); consents — nationality of the adoptee, Art. 30(2); jurisdiction, Art. 30(5) | authority and law of the child’s nationality, Art. 31(1) | maintenance owed by parents — child’s nationality, Art. 28(1); other maintenance — law and court of the applicant’s place of residence, Art. 29 |
| Lithuania | child’s nationality from birth, Art. 28(1); courts of the Party whose law applies, Art. 28(5); also courts of the parties’ common residence, Art. 28(6) | common place of residence, Art. 28(2); separate — child’s nationality, Art. 28(3); child born out of wedlock — child’s nationality, Art. 28(4); jurisdiction, Art. 28(5)–(6) | adopter’s nationality; with permanent residence in the other Party also its law, Art. 29(1); consents — child’s nationality, Art. 29(3); jurisdiction, Art. 29(4)–(5) | authority and law of the child’s nationality, Art. 30(1) | no rule on maintenance; parent–child relations generally, Art. 28(2)–(4) |
| Moldova | mother’s nationality at the time of birth; form of acknowledgement — the law of the place of acknowledgement suffices, Art. 28(2); authorities of the child’s nationality, Art. 28(3) | child’s nationality, Art. 28(1); authorities of the child’s nationality, Art. 28(3) | adoptee’s nationality, Art. 30(1); authorities of the adoptee’s nationality, Art. 30(2) | authority and law of the child’s nationality, Art. 31(1) | maintenance owed by parents — child’s nationality, Art. 28(1); other maintenance — law and court of the applicant’s place of residence, Art. 29 |
| Georgia | child’s nationality by birth, Art. 28(1); courts — Art. 28(5), (6) | common place of residence, Art. 28(2); otherwise child’s nationality, Art. 28(3); born out of wedlock — child’s nationality, Art. 28(4) | adopter’s nationality at the time of the application; with place of residence in the other Party — its law, Art. 29(1); consents — law of the adoptee’s nationality, Art. 29(2); jurisdiction — Art. 29(5) | nationality (authority and law), Art. 30(1) | no rule |
| Estonia | child’s nationality by birth, Art. 28(1); courts — Art. 28(5), (6) | common place of residence, Art. 28(2); otherwise child’s nationality, Art. 28(3); born out of wedlock — child’s nationality, Art. 28(4) | adopter’s nationality at the time of the application; with place of residence in the other Party — its law, Art. 29(1); consents — law of the adoptee’s nationality, Art. 29(2); jurisdiction — Art. 29(5) | nationality (authority and law), Art. 30(1) | no rule |
| Latvia | child’s nationality by birth, Art. 27(1); courts — Art. 27(5), (6) | common place of residence, Art. 27(2); otherwise child’s nationality, Art. 27(3); born out of wedlock — child’s nationality, Art. 27(4) | adopter’s nationality; also the law of the permanent residence in the other Party, Art. 28(1); spouses — Art. 28(2), (4); consents — Art. 28(3); jurisdiction — Art. 28(6)–(9) | nationality (authority and law), Art. 30(1) | place of residence of the maintenance creditor (law and court), Art. 29 |
| Uzbekistan | child’s nationality by birth, Art. 31 | common place of residence, Art. 32(1); otherwise child’s nationality, Art. 32(2); child born out of wedlock — child’s nationality, Art. 32(3) | child’s nationality at the time of the application, Art. 37(1); spouses of different nationality — both laws, Art. 37(3); jurisdiction — adopter’s nationality at the time of the application, Art. 37(4) | ward’s nationality, Art. 33(1); jurisdiction — state of nationality, Art. 34 | maintenance owed by adult children — applicant’s place of residence, Art. 32(4); no other rules |
| Vietnam | child’s nationality by birth, Art. 28(1) | common place of residence, Art. 27(1); otherwise child’s nationality, Art. 27(2) | child’s nationality, Art. 29(1); spouses of different nationality — both laws, and where they reside in one Party — its law, Art. 29(3); jurisdiction — adoptee’s nationality, also the common place of residence, Art. 29(5) | ward’s nationality (law and jurisdiction), Art. 30(1) | no rule |
| North Macedonia | nationality acquired at birth, Art. 29(1); authorities of the child’s place of residence or stay, Art. 29(2) | child’s nationality, law and court, Art. 30 | child’s nationality at the time of the application, law and court, Art. 32(1), (3) | no separate rule; ward’s nationality, Arts. 22(1), 23(1) | parents and children: place of residence of the entitled person, law and court, Art. 31; other kinds: no rule |
| Türkiye | same nationality: law of nationality; spouses of different nationality: common place of residence, Art. 24(1); jurisdiction: Party of the applicable law, child’s place of residence, Art. 24(4), (5) | same nationality: law of nationality; otherwise common place of residence, Art. 24(1); separate residence: Party of the parents, Art. 24(2); parents not married, no dispute: both Parties, Art. 24(3) | nationality of the child and the adopter, Art. 25(1); spouses of different nationality: both Parties, Art. 25(3); court of nationality, also the authority of common residence, Art. 25(5) | no separate rule; nationality, authority and law, Art. 26(1) | no rule |
| Czechia | nationality acquired at birth, Art. 32(1); not established: place of residence or stay, Art. 32(2); authorities of the place of residence or stay, Art. 32(3) | child’s nationality or, in a minor’s interest, place of residence, Art. 33(1); court of the place of residence when the case is brought and court of nationality, Art. 33(2) (Protocol) | child’s nationality at the time of the application, Art. 36(1); court of the child’s place of residence at the time of the application, Art. 36(3) (Protocol) | child’s place of residence when the case is brought, Art. 33a(1); relations: place of residence, Art. 33a(5); court of the place of residence and court of nationality, Art. 33a(6) (Protocol) | parents and children: place of residence of the entitled person, law and court, Art. 34; other kinds: applicant’s place of residence, law and court, Art. 35 |
| Romania | child’s nationality at the time of birth, Art. 28(1); jurisdiction, Art. 28(3) | child’s nationality; the law of the other Party where the child resides may apply if more favourable, Art. 28(2) | law of the nationality of the adoptee and the adopter, Art. 29(1); form — place of adoption, Art. 29(2); jurisdiction — adoptee’s nationality at the time of the application, Art. 29(3) | law and guardianship authority of the ward’s nationality, Art. 30(1); guardian–ward relations — Party of the appointing authority, Art. 30(2) | no rule (only the general Art. 28(2): parents and children) |
| Cuba* | child’s nationality by birth, Art. 27(1) | child’s nationality, Art. 27(2) | adoptee’s nationality at the time of the application, Art. 28(1); jurisdiction — court of that state, also the court of the common place of residence in the other Party, Art. 28(4) | ward’s nationality (law and jurisdiction), Art. 29(1) | no rule |
| North Korea | child’s nationality by birth, Art. 27(1); parents not married — child’s nationality, Art. 27(4) | common place of residence, Art. 27(2); otherwise child’s nationality, Art. 27(3) | child’s nationality, Art. 28(1); spouses of different nationality — both laws, and where they reside in one Party — its law, Art. 28(3); jurisdiction — adoptee’s nationality, also the common place of residence, Art. 28(5) | ward’s nationality (law and jurisdiction), Art. 29(1) | no rule |
| Cyprus | no rule | no rule | no rule | no rule | law: no rule; jurisdiction only for the purposes of recognition: habitual residence of the debtor, Art. 17(1)(g) |
| Slovakia (1982 USSR–Czechoslovakia treaty) | child’s place of birth, Art. 29(1); form of acknowledgement — the law of the place of acknowledgement suffices, Art. 29(2); jurisdiction — courts of the child’s place of residence, Art. 29(3) | child’s permanent residence, Art. 30(1); jurisdiction, Art. 30(3) | adopter’s nationality at the time of the application, Art. 35(1); consents under Art. 35(2); spouses of different nationality — law of both, Art. 35(3); jurisdiction — adopter’s nationality at the time of the application, and in the case of para. 3 — the spouses’ last common place of residence or stay, Art. 35(4) | law of the ward’s nationality, Art. 31(1); jurisdiction — authorities of the ward’s nationality, Art. 32; guardian–ward relations — Party of the appointing authority, Art. 31(2) | maintenance owed by adult children — place of residence of the claimant, Art. 30(2); jurisdiction, Art. 30(3); child maintenance — no separate rule (general Art. 30(1)) |
Recognition of decisions in family matters
Whether family matters fall within the treaty and which decisions are recognised without separate proceedings. The recognition procedure, filing channels and time limits are in the legal-assistance reference. All 30 treaties are listed here, since these rules also appear in treaties without conflict rules. The last column shows whether the treaty contains any conflict rules at all.
* — the Verkhovna Rada record shows no date of entry into force; do not rely on the treaty without verification.
| State | Family matters within the treaty | Decisions not requiring enforcement | Conflict rules in the treaty |
|---|---|---|---|
| China | matrimonial and family matters are civil matters, Art. 1 | no separate rule; Art. 17 | none |
| Poland | civil (including family) matters, Arts. 48, 49 | non-pecuniary court judgments — without proceedings, Art. 48(1); non-pecuniary family decisions of non-judicial authorities — under Arts. 50–52, Art. 48(2) | yes: family and succession |
| Lithuania | civil and family matters, Art. 42 | guardianship, civil-status records etc. — without special proceedings, Art. 42 | yes: family and succession |
| Moldova | civil (including family) matters, Arts. 47, 48 | non-pecuniary court judgments — Art. 47(1); non-pecuniary family decisions of non-judicial authorities — under Arts. 49–51, Art. 47(2) | yes: family and succession |
| Georgia | family matters are civil matters, Arts. 1(3), 40(1) | guardianship, registration of civil status etc., Art. 40(2) | yes: family and succession |
| Estonia | family matters are civil matters, Arts. 1(3), 40(1) | guardianship, registration of civil status etc., Art. 40(2) | yes: family and succession |
| Latvia | civil, family and labour matters, Art. 46(1) | guardianship, registration of civil status etc., Art. 46(2) | yes: family and succession |
| Mongolia | family matters are civil matters, Art. 1 | no separate rule; Art. 17 | none |
| Uzbekistan | civil and family matters, Art. 52 | Art. 53(1); guardianship, civil-registry authorities, Art. 53(2) | yes: family and succession |
| Vietnam | family matters are civil matters, Arts. 1(3), 41(1) | decisions of judicial institutions, Art. 41(2) | yes: family and succession |
| North Macedonia | family matters, Arts. 2, 45 | Art. 48 | yes: family and succession |
| Türkiye | no definition of civil matters; Art. 35 | no separate rule | yes: family and succession |
| Czechia | family matters, pecuniary and non-pecuniary, Arts. 1, 52 | Arts. 52, 55 | yes: family and succession |
| Hungary | non-pecuniary civil judgments — recognition only, Art. 16(2) | Art. 16(2) | none |
| Romania | family matters are civil matters, Arts. 1(3), 40(1) | guardianship, registration of civil status etc., Art. 40(2) | yes: family and succession |
| Greece | family matters, Arts. 1(3), 20(1) | personal status — without special proceedings, Art. 20(3) | none |
| Cuba* | family matters are civil matters, Arts. 1(3), 39(1) | Art. 39(2) | yes: family and succession |
| North Korea | no definition; Art. 39(1) | Art. 39(2) | yes: family and succession |
| Bulgaria | family matters, pecuniary and non-pecuniary, Arts. 1(1), 19 | Art. 22(2) | none |
| Iran | family matters not mentioned; Art. 22(1) | Art. 22(2) | none |
| Cyprus | including family matters; settlements in family matters, Art. 20 | no separate rule | succession only (Arts. 18–19) |
| Libya | family matters not named separately; Art. 22 | Art. 27 | none |
| Syria | family matters not named separately; Art. 22 | no separate rule | none |
| United Arab Emirates | civil, commercial and family matters, Art. 19(1) | no separate rule | none |
| India | civil and commercial matters; Art. 15(1) | Art. 15(2) | none |
| Senegal* | civil matters; exception from provisional measures — for maintenance, Art. 22(2) | no separate rule | none |
| Brazil | civil, commercial and administrative matters, Arts. 1, 19 | no separate rule | none |
| Jordan | civil and commercial matters, Art. 14 | no separate rule | none |
| Morocco* | civil and commercial matters; exception from provisional measures — for maintenance, Art. 19(2)(b) | no separate rule | none |
| Slovakia (1982 USSR–Czechoslovakia treaty) | pecuniary matters, Art. 54 | non-pecuniary matters, guardianship, divorce, Art. 53 | yes: family and succession |
Succession: applicable law and wills
* — the Verkhovna Rada record shows no date of entry into force; do not rely on the treaty without verification.
| Treaty | Movable property | Immovable property | Characterisation of property | Capacity to make a will | Form of the will |
|---|---|---|---|---|---|
| Poland | deceased’s nationality at the time of death, Art. 37(1) | place of location, Art. 37(2) | law of the place of location, Art. 37(3) | nationality at the time of making or revoking, Art. 39(1) | nationality at the time of making or revoking; the law of the place of making or revoking suffices, Art. 39(2) |
| Lithuania | deceased’s permanent place of residence, Art. 35(1) | place of location, Art. 35(2) | no rule | no conflict rule; equal rights, Art. 34 | nationality at the time of making; the law of the place of making suffices; the same for revocation, Art. 37 |
| Moldova | deceased’s nationality at the time of death, Art. 37(1) | place of location, Art. 37(2) | law of the place of location, Art. 37(3) | nationality at the time of making or revoking, Art. 39(1) | nationality at the time of making or revoking; the law of the place of making or revoking suffices, Art. 39(2) |
| Georgia | deceased’s last permanent place of residence, Art. 34(1) | place of location, Art. 34(2) | no rule | no conflict rule; equal treatment with nationals of the other Party, Art. 34(3) | nationality at the time of making; the law of the place of making suffices; the same for revocation, Art. 36 |
| Estonia | last permanent place of residence of the “heir” [sic in the published text], Art. 34(1) | place of location, Art. 34(2) | no rule | no conflict rule; equal treatment with nationals of the other Party, Art. 34(3) | nationality at the time of making (“heir” [sic in the published text]); the law of the place of making suffices; the same for revocation, Art. 36 |
| Latvia | deceased’s last permanent place of residence, Art. 36(1) | place of location, Art. 36(2) | law of the place where the property is located, Art. 36(3) | no conflict rule; equal treatment with nationals of the other Party, Art. 35 | nationality at the time of making, revoking or amending; the law of the place of making suffices, Art. 38 |
| Uzbekistan | deceased’s last place of residence, Art. 45(1) | place of location, Art. 45(2) | place of location, Art. 38(1) (rule on ownership) | testator’s place of residence at the time of making, Art. 47 | testator’s place of residence at the time of making, Art. 47 |
| Vietnam | deceased’s nationality at the time of death, Art. 34(1) | place of location, Art. 34(2) | no rule | nationality at the time of making or revoking, Art. 36(1) | nationality at the time of making; the law of the place of making suffices, Art. 36(2) |
| North Macedonia | nationality at the time of death, Art. 34(1) | place of location, Art. 34(2) | law of the place of location, Art. 34(3) | nationality at the time of making or revoking, Art. 36(1) | nationality at the time of making or revoking, or the place of making (alternatively), Art. 36(3) |
| Türkiye | last permanent place of residence, Art. 30(1) | place of location, Art. 30(2) | no rule | no rule | nationality at the time of making and, in addition, the place of making (cumulatively), Art. 32 |
| Czechia | nationality at the time of death, Art. 38(1) | place of location, Art. 38(2) | law of the place of location, Art. 38(3) | nationality at the time of making or revoking, Art. 40(1) | nationality at the time of making or revoking; the law of the place of making suffices (alternatively), Art. 40(2) |
| Romania | nationality at the time of death, Art. 34(1) | law of the place of location, Art. 34(2) | no rule in the succession chapter; general rule: place where the property is located, Art. 31(2) | no conflict rule; equal treatment with nationals of the other Party residing there, as to property on its territory, Art. 34(3); general capacity — nationality, Art. 22(1) | nationality at the time of making, amending or revoking; the law of the place of making, amending or revoking suffices, Art. 36 |
| Cuba* | last permanent place of residence, Art. 33(1) | place of location, Art. 33(2) | place of location, Art. 33(3) | no rule (equality of residents, Art. 33(4)) | nationality at the time of making; the law of the place of making suffices, Art. 35 |
| North Korea | deceased’s nationality at the time of death, Art. 33(1) | place of location, Art. 33(2) | no rule | nationality at the time of making or revoking, Art. 35(1) | nationality at the time of making or revoking; the law of the place of making suffices, Art. 35(2) |
| Cyprus | deceased’s last permanent place of residence, Art. 18(1) | law of the place of location, Art. 18(2) | no rule | no rule | alternatively the testator’s nationality or the place of making, Art. 19 (the same for revocation or amendment) |
| Slovakia (1982 USSR–Czechoslovakia treaty) | last permanent place of residence, Art. 40(1) | law of the place of location, Art. 40(2) | law of the place where the property is located, Art. 40(3) | nationality at the time of making or revoking, Art. 42(1) | nationality at the time of making; the law of the place of making suffices; the same for revocation, Art. 42(2) |
Succession: jurisdiction, escheat, the consul
Jurisdiction over movables follows the same connecting factor as the applicable law; over immovables it always lies with the authorities of the place of location. Most treaties allow, with the consent of all heirs, the movable estate to be dealt with in the state where it is located.
* — the Verkhovna Rada record shows no date of entry into force; do not rely on the treaty without verification.
| Treaty | Jurisdiction | Escheat | Consul, protection, release of the estate |
|---|---|---|---|
| Poland | movables — authorities of nationality at the time of death, Art. 41(1); immovables — place of location, Art. 41(2); all movables in the other Party — its authority on application and with the consent of all known heirs, Art. 41(3) | movables — to the Party of nationality at the time of death; immovables — to the Party of location, Art. 38 | no rule |
| Lithuania | movables — authorities of the last permanent place of residence, Art. 38(1); all movables in the other Party — its authorities on application and with the consent of all heirs, Art. 38(2); immovables — place of location, Art. 38(3) | movables — to the state of nationality at the time of death; immovables — to the state of location, Art. 36 | protection under the law of the place of location, notice to the consul, transfer of movables at the consular post’s request, Art. 39; representation by the consul, Art. 40; release through the consular post under the conditions of Art. 41 |
| Moldova | movables — authorities of nationality at the time of death, Art. 41(1); immovables — place of location, Art. 41(2); all movables in the other Party — its authority on application and with the consent of all known heirs, Art. 41(3) | movables — to the Party of nationality at the time of death; immovables — to the Party of location, Art. 38 | no rule |
| Georgia | movables — last permanent place of residence, Art. 37(1); all movables in the other Party — its authorities on application and with the heirs’ consent, Art. 37(2); immovables — place of location, Art. 37(3); disputes, Art. 37(4) | movables — state of nationality at the time of death; immovables — state of location, Art. 35 | protection, notice to the consul, transfer of movables and documents, Art. 38; release through the mission or consular post, conditions, Art. 39 |
| Estonia | movables — last permanent place of residence (“heir” [sic in the published text]), Art. 37(1); all movables in the other Party — its authorities on application and with the heirs’ consent, Art. 37(2); immovables — place of location, Art. 37(3); disputes, Art. 37(4) | movables — state of nationality at the time of death (“heir” [sic in the published text]); immovables — state of location, Art. 35 | protection, notice to the consul, transfer of movables and documents, Art. 38; release through the mission or consular post, conditions, Art. 39 |
| Latvia | movables — last permanent place of residence, Art. 39(1); all movables in the other Party — its authorities on application and with the heirs’ consent, Art. 39(2); immovables — place of location, Art. 39(3); disputes, Art. 39(4) | movables — state of nationality at the time of death; immovables — state of location, Art. 37 | opening of the will, Art. 40; protection, notice to the consulate, transfer of movables and documents, Art. 41(1)–(5); release, conditions, Art. 41(6)–(8) |
| Uzbekistan | movables — last place of residence at the time of death, Art. 48(1); immovables — place of location, Art. 48(2); also disputes, Art. 48(3) | movables — Party of nationality at the time of death; immovables — Party of location, Art. 46 | representation without a power of attorney, except renunciation of the inheritance, Art. 49; protection, notice to the consul, Art. 50; transfer through the consul after settlement of claims, Art. 51 |
| Vietnam | movables — nationality at the time of death, Art. 37(1); with the consent of all heirs, the place of location of all movables, Art. 37(2); immovables — place of location, Art. 37(3); also disputes, Art. 37(4) | movables — state of the deceased’s nationality; immovables — state of location, Art. 35 | protection, notice to the consul, transfer of movables at his request, representation without authorisation, Art. 38; release through the consul after settlement of claims, Art. 39 |
| North Macedonia | movables: nationality at the time of death, Art. 37(1); immovables: place of location, Art. 37(2) | movables: state of nationality at the time of death; immovables: state of location, Art. 35 | notice to the consul, Art. 38; protection, consul’s participation, Art. 39; release, Art. 40 |
| Türkiye | movables: last permanent place of residence, Art. 33(1); all movables in the other Party: its authorities with the consent of all heirs, Art. 33(2); immovables: place of location, Art. 33(3) | no heir on the other Party’s territory: the state where the property, movable and immovable, is located, Art. 31 | protection, Art. 34; consul, release: no rule |
| Czechia | movables: nationality at the time of death, Art. 41(1); all movables in the other Party: its authority with the consent of all known heirs, Art. 41(3); immovables: place of location, Art. 41(2) | movables: Party of nationality at the time of death; immovables: Party of location, Art. 39 | notice, Art. 42; belongings of a traveller, Art. 43; representation by the consul, Art. 44; protection, Art. 45; opening of the will, Art. 46; release, Art. 47 |
| Romania | movables — authorities of nationality at the time of death, Art. 37(1); immovables — authorities of the place of location, Art. 37(2) | movables — state of nationality at the time of death; immovables — state of location, Art. 35 | protection, Art. 38(1); notice to the consul, Art. 38(2); transfer of property and documents at the consul’s request, Art. 38(3); representation without special authorisation, Art. 38(4); belongings of a deceased traveller, Art. 38(5); transfer to the heirs or the consul, conditions, Art. 39 |
| Cuba* | movables — last permanent place of residence, Art. 36(1); with the consent of all heirs, the place of location of all movables, Art. 36(2); immovables — place of location, Art. 36(3); also disputes, Art. 36(4) | movables — state of nationality at the time of death; immovables — state of location, Art. 34 | protection, notice to the consul, transfer of movables at his request, representation without authorisation, Art. 37; transfer through the consul after settlement of claims, Art. 38 |
| North Korea | movables — nationality at the time of death, Art. 36(1); with the consent of all heirs, the place of location of all movables, Art. 36(2); immovables — place of location, Art. 36(3); also disputes, Art. 36(4) | movables — state of nationality at the time of death; immovables — state of location, Art. 34 | protection, notice to the consul, transfer of movables at his request, representation without authorisation, Art. 37; release through the consul after settlement of claims, Art. 38 |
| Cyprus | only for the purposes of recognition: habitual residence of the deceased or the main part of the estate at the time of death, Art. 17(1)(h); location of immovable property, Art. 17(1)(i) | no rule | no rule (equal rights of nationals to receive property and on the opening of a succession, save restrictions for foreigners, Art. 18(3)) |
| Slovakia (1982 USSR–Czechoslovakia treaty) | movables — place of residence at the time of death, Art. 43(1); immovables — place of location, Art. 43(2); also disputes, Art. 43(3) | movables — Party of nationality at the time of death; immovables — Party of location, Art. 41 | representation by the consul without a special power of attorney, except renunciation of the inheritance, Art. 44; protection, consul’s participation, Art. 45; belongings of a short-term visitor, Art. 46; opening of the will, Art. 47; release to the heirs through the consul, conditions, Art. 48 |
Soviet-era treaties applied by succession
Of the nine USSR treaties that Ukraine applies by succession, only those with Albania (1958), Yugoslavia (1962, application confirmed as regards Serbia), Finland (1978) and Italy (1979) contain family or succession conflict rules; the treaty with Iraq (1973) contains only procedure in succession matters. The treaties with Austria, Algeria, Yemen and Tunisia have no such rules. Their texts are not published by the Verkhovna Rada; the articles follow the official publication (Yugoslavia) or UN translations and unofficial copies of the Russian texts, so a provision should be checked against the publication linked from the state’s name in each row before being relied on (more on the texts and status in the legal-assistance reference). The 1982 treaty with Slovakia is in the tables above.
Legal capacity, guardianship, absence
| Treaty | Legal capacity | Guardianship, curatorship | Absence, declaration of death |
|---|---|---|---|
| Albania · UNTS, vol. 328 | nationality, Art. 24 | jurisdiction — Party of the ward’s nationality, Art. 30(1); guardian–ward relations — law of the appointing authority, Art. 30(2); duty to accept guardianship — guardian’s nationality, Art. 30(3); urgent measures, Art. 31; transfer of guardianship, Art. 32 | jurisdiction — Party of the last known nationality, Art. 29(1); authorities of the other Party on application of interested persons residing on its territory, Art. 29(2); applicable law — law of the court, Art. 29(3) |
| Yugoslavia · Službeni list FNRJ, MU No. 5/1963 | nationality, Art. 25 | jurisdiction and conditions — ward’s nationality, Art. 32(1)–(2); relations — law of the appointing authority, Art. 32(3); duty to accept — guardian’s nationality, Art. 32(4); recognition of decisions concerning own nationals, Art. 32(5); urgent measures, Art. 33; transfer, Art. 34 | court of the Party of the last nationality, Art. 35(1); court of the other Party on application of interested persons, Art. 35(2); law — of nationality or of the court, Art. 35(3); effects of a decision under Art. 35(2) — only on the territory of the Party of the court, Art. 35(4) |
| Finland · UNTS, vol. 1241 | no rule | no rule | only the conditions for recognising a decision, Art. 21: nationality at the time the person was last seen alive, or last domicile and an application by a person whose rights rest on the law of that Party, including its conflict rules |
Marriage and spouses
| Treaty | Conditions of marriage | Form of marriage | Relations between spouses | Divorce | Nullity of marriage |
|---|---|---|---|---|---|
| Albania · UNTS, vol. 328 | no rule | no rule | no rule | recognition only, without further proceedings, Art. 25 (including decisions given before the treaty entered into force) | Art. 25 |
| Yugoslavia · Službeni list FNRJ, MU No. 5/1963 | no rule | no rule | no rule | recognition only, Arts. 48(5), 54 (decisions concerning nationals of the Party of the court) | Arts. 48(5), 54 |
| Finland · UNTS, vol. 1241 | law of the place of celebration, if one of the spouses is a national of or domiciled in that state, Art. 22(2) | law of the place of celebration, Art. 22(1) | no rule | conditions of recognition only, Art. 23(1); grounds for refusal, Art. 23(2) | Art. 23 (together with separation) |
| Italy · Legge 766/1985, GU n. 303 | no rule | no rule | no rule | recognition only: divorce decisions fall under the general rule on civil, including family, matters, Art. 19(1); in personal-status matters the court of the Party of the person’s nationality on the day the claim is brought has exclusive jurisdiction, Art. 24(2)(b) | no separate rule; status decisions are recognised under Art. 19(2), jurisdiction — Art. 24(2)(b) |
Parents and children, adoption, maintenance
| Treaty | Parentage | Parents and children | Adoption | Guardianship of children | Maintenance |
|---|---|---|---|---|---|
| Albania · UNTS, vol. 328 | child’s nationality by birth, Art. 26; jurisdiction, Art. 28 | child born outside a registered marriage: child’s nationality, Art. 27 | adopter’s nationality, Art. 33(1); consent of the state of the child’s nationality, Art. 33(2); spouses of different nationality — laws of both Parties, Art. 33(3); jurisdiction, Art. 33(4) | Arts. 30–32 (not separated from adults) | no rule; decisions — under Art. 44 |
| Yugoslavia · Službeni list FNRJ, MU No. 5/1963 | child’s nationality by birth, Art. 26; jurisdiction, Art. 28 | child born out of wedlock: child’s nationality, Art. 27 | only where the adopter and the adoptee are nationals of the same Party: its law, Art. 29; jurisdiction, Art. 30; recognition, Art. 31 | Arts. 32–34 | no rule; decisions — under Art. 48 |
| Italy · Legge 766/1985, GU n. 303 | recognition of decisions establishing paternity, Art. 19(2) | no rule | recognition of adoption decisions, Art. 19(2) | recognition of decisions on guardianship and curatorship, Art. 19(2) | jurisdiction only: claimant’s place of residence, Art. 24(1)(e) |
Succession
| Treaty | Movable property | Immovable property | Capacity to make a will | Form of the will | Jurisdiction | Escheat | Consul, protection, release |
|---|---|---|---|---|---|---|---|
| Albania · UNTS, vol. 328 | deceased’s nationality at the time of death, Art. 36(1) | place of location, Art. 36(2) | nationality at the time of the declaration of will, Art. 37(1) | nationality at the time of making; the law of the place of making suffices, Art. 37(2) | Art. 38 | no rule | Arts. 39–43 |
| Yugoslavia · Službeni list FNRJ, MU No. 5/1963 | deceased’s nationality at the time of death, Art. 37(1) | place of location, Art. 37(2) | no conflict rule; equality, Art. 36 | nationality or place of making, Art. 38 | Art. 39 | movables — Party of nationality, immovables — place of location, Art. 46 | Arts. 40–45 |
| Finland · UNTS, vol. 1241 | no conflict rule; equality, Art. 24 | no conflict rule; equality, Art. 24 | equality, Art. 24 | alternatively: place of making, nationality or domicile, immovables — place of location, Art. 25 | no rule | no rule | no rule |
| Iraq (UN English translation) · UNTS, vol. 941 | no rule | no rule | no rule | no rule | no rule | no rule | procedure only, Arts. 37–39 |
Conventions that operate above the treaties
Dates follow the HCCH status tables. The full list of private international law conventions is in a separate reference.
| Instrument | For Ukraine | Central Authority | Note |
|---|---|---|---|
| Hague Child Abduction Convention, 1980 | accession 02.06.2006 · in force since 01.09.2006 | Central Authority — Ministry of Justice | return of the child, not recognition of custody decisions |
| Hague Child Protection Convention, 1996 | accession 03.04.2007 · in force since 01.02.2008 | Central Authority — National Social Service of Ukraine | between Contracting States it prevails over bilateral treaties as regards children (Art. 52) — in our view, check it first |
| Hague Child Support Convention, 2007 | ratification 24.07.2013 · in force since 01.11.2013 | Central Authority — Ministry of Justice | recognition and enforcement of maintenance decisions with Contracting States |
| Hague Convention on the Form of Testamentary Dispositions, 1961 | accession 15.03.2011 · in force since 14.05.2011 | — | alternative connecting factors for the form of a will are wider than in the bilateral treaties |
| Hague Intercountry Adoption Convention, 1993 | Ukraine is not a party | — | adoption is governed only by the bilateral treaties and the Private International Law Act |
| Hague Divorce Recognition Convention, 1970 | Ukraine is not a party | — | recognition of foreign divorces rests on the bilateral treaties or Art. 462 of the Civil Procedure Code |
| Minsk Convention on Legal Assistance in Civil, Family and Criminal Matters, 1993 | ceased to apply to Ukraine on 29.12.2023 (Law No. 2783-IX) | — | no treaty on family or succession conflict rules remains with Azerbaijan, Armenia, Kazakhstan, Kyrgyzstan, Tajikistan and Turkmenistan |
What is not here
Fourteen bilateral treaties contain no conflict rules on family or succession relations: China, Mongolia, Hungary, Greece, Bulgaria, Iran, Libya, Syria, United Arab Emirates, India, Senegal*, Brazil, Jordan, Morocco*. With those states the applicable law is determined by the Private International Law Act, and the treaty supplies only procedure (for recognition of decisions in family matters see the table above). The page does not cover international child abduction under the 1980 Hague Convention, criminal or administrative aspects, or the domestic family law of the partner states.
How we can help
We prepare legal opinions on the applicable law in family and succession matters with a foreign element, act in the recognition in Ukraine of foreign decisions on divorce, guardianship and maintenance and in the opening of estates abroad, and work as Ukrainian counsel alongside the client’s lead firm. See our Dispute Resolution practice page.
If you know of a treaty or a change that is not yet listed, let us know and we will update the page.
Related materials
This page is not legal advice. Information as of 8 November 2026; sources are the Ukrainian texts of the treaties published by the Verkhovna Rada of Ukraine and the status tables of the Hague Conference on Private International Law.