Ukraine fights legal battle to repatriate children evacuated to Italy
TLE Desk: Ukraine is engaged in an escalating legal and diplomatic dispute with Italy over hundreds of children evacuated during the early stages of Russia’s 2022 invasion, with Kyiv now seeking their return amid court rulings that have blocked repatriation in several cases.
The children, many from state care institutions and orphanages, were initially taken to Italy as a temporary wartime evacuation. However, four years later, a growing number remain in Italian foster or adoptive systems after local courts classified them as unaccompanied minors under Italian refugee law.
Ukrainian authorities argue the evacuations were never intended to be permanent and insist that conditions in parts of Ukraine are now stable enough to allow safe returns. Officials warn that prolonged separation risks permanent loss of contact, raising concerns for Ukraine’s demographic future.
The dispute intensified after Italian courts approved the adoption of at least one Ukrainian teenager despite objections from Kyiv and the child’s biological family. Ukrainian ombudsman Dmytro Lubinets has accused Italy of blocking access to children and failing to cooperate with repatriation efforts, drawing comparisons with Russia’s wartime deportation of Ukrainian minors — a claim Moscow rejects.
Italian authorities and courts maintain that decisions are based on child protection law and judicial independence, which prioritizes the best interests and welfare of minors already integrated into Italian families and institutions.
Some children were initially placed with foster families or local volunteers who have since opposed their return, arguing that continued exposure to war conditions in Ukraine would be harmful.
Ukrainian officials say more than 300 children remain in legal limbo across Europe, with Italy, Germany, and Austria among the main countries involved. Several cases are now being contested in court, with hearings ongoing.
The issue highlights a growing post-evacuation dilemma: balancing child protection laws in host countries with the rights of wartime evacuees and the sovereignty claims of their home state.
