Melnik O. Personal non-property rights of a child in adoption under the legislation of Ukraine and certain foreign countries.

The thesis is a special complex research of personal non-property rights of a child in adoption under the legislation of Ukraine and certain foreign countries. The scientific concept of personal non-property rights of a child is researched and their classification according to the field of realization is carried out: the rights that a child is able to perform independently or with the help of others, but not necessarily family members (the right to education, rest, secrecy of private life, freedom of world outlook, freedom of religion etc.); rights that can be exercised only within the family or in respect the relatives of a child – family-related personal non-property rights of a child (the right to family, the right to family upbringing, the right to communicate with relatives, the right of residence with parents (adoptive parents), the right of respect for family life, the right of confidentiality of adoption, the right to obtain information about one’s own origin). Peculiarities of protection and realization of personal non-property rights of a child in adoption in Ukraine, taking into account the legislation of foreign countries, particularly England, Germany and Russian Federation, were defined. The author’s definition of the categories “personal non-property rights of a child in adoption”, “child’s right to family”, “adopted child’s right to individuality” are formulated and the definition of the categories “personal non-property rights of a child”, “child’s interest in adoption”, “child’s right to proper family upbringing” were improved. Specific proposals on improvement of civil and family legislation in the field of protection of personal non-property rights of a child in adoption were formulated.