Hundreds of Ukrainian children were evacuated to Italy. Kyiv is now battling to get them back

Hundreds of Ukrainian Children Evacuated to Italy Now Face Legal Struggle for Return

Hundreds of Ukrainian children were evacuated – Four years after the Russian invasion, the journey of 25 Ukrainian children evacuated to Naples has turned into a legal standoff. Liubov Rudyka, a director of a Ukrainian children’s home, initially believed she was securing a temporary refuge for the minors. But as the conflict stretched into its fourth year, the Italian authorities have become reluctant to return them, leaving Kyiv in a difficult position to reclaim their custody.

Escalating Dispute Over Adoption Rights

The situation intensified in April when Kyiv revealed that a 15-year-old boy named Sasha had been formally adopted by an Italian family, despite his mother’s efforts to bring him back. This case, which drew international attention, highlighted a growing tension between Ukraine and Italy. Ukrainian officials argue that the evacuations were meant to be temporary, with the hope of returning the children once the war’s frontlines stabilized. However, Italian courts have taken a firm stance, citing legal procedures that now prevent the swift repatriation of minors.

According to the Ukrainian government, the Italian judiciary has blocked the return of dozens of children, including Sasha. “The war continues, and yet these children remain in Italy,” stated Dmytro Lubinets, Ukraine’s human rights ombudsman, in a recent interview with CNN. “This is not just about one case—it’s a systemic issue that threatens the future of our population.”

Italy’s Legal Framework and Refugee Status

Italy’s approach to the situation is rooted in its legal system, which has long prioritized the protection of unaccompanied minors. Since the European migrant crisis, Rome has implemented strict regulations to safeguard children’s rights. One key provision is a ban on returning or removing children from Italian territory unless a court explicitly orders it. This law, intended to prevent exploitation, has now been used to delay the repatriation of Ukrainian minors.

Liubov Rudyka, who led the evacuation, explained that the Italian authorities treated the children as refugees rather than temporary evacuees. “They gave them refugee status and assigned new legal guardians,” she said. “This means we can’t simply take them back—we have to go through a court process.” The children, initially taken to Italy as part of a charity initiative, were expected to return after a few weeks. However, the Italian system quickly redefined their status, embedding them in foster families and cutting them off from their Ukrainian origins.

Rosa Emanuela Lo Faro, an Italian lawyer representing some of the minors, noted that the Italian legal framework often places decision-making power in the hands of local courts. “The judiciary operates independently, and they have the final say,” she told CNN. “Even when we submit requests for the children’s welfare, they insist on their own rulings.” Lo Faro also highlighted that in some cases, foster families have pressured authorities to keep the children, arguing that life in Italy is safer and more stable.

A Demographic Crisis in the Balance

For Ukraine, the delay in repatriating children is a pressing concern. The country faces a severe demographic challenge, with its population shrinking due to war and economic hardship. Officials warn that prolonged stays abroad could reduce the chances of the children returning, exacerbating this crisis. “Every child is a vital part of our future,” said Lubinets. “If they stay in Italy, it’s not just a loss for their families—it’s a loss for our entire nation.”

Rudyka, who had arranged the evacuation in the summer of 2022, recalled the initial optimism. “I thought it would be like a summer camp—children would stay for a while and then go back home,” she said. However, the situation quickly changed when the Italian courts began assigning legal guardians to the minors. “We didn’t expect this,” she admitted. “The children were given refugee status, and their Ukrainian guardians were no longer recognized under Italian law.”

The Italian government has not yet commented on the dispute, but officials have cited privacy laws as a reason for their reluctance to share details. CNN has sought responses from multiple entities, including the Italian government, the Ombudsman for Children and Adolescents, and the Commission for International Adoption. All have declined, emphasizing the need to protect the minors’ personal information.

Backstory of the Evacuation

The evacuation began in the early days of the full-scale invasion in early 2022. Rudyka’s children’s home in Sumy, a northern city surrounded by Russian troops, became a focal point for emergency relocation efforts. A local charity, which had previously organized trips for the children, approached her with an offer to transport them to Italy. “We were desperate for safety,” she said. “Italy seemed like a promising option, and the children were excited about the new experience.”

Sumy, once a relatively safe region, was transformed into a war zone by the invasion. With the city under siege, evacuating the children appeared to be the only viable solution. Rudyka, acting as a legal guardian under Ukrainian law, brought the 25 minors to Naples. But once there, the Italian legal system took over, and the children’s status shifted from temporary refuge to permanent settlement. “The process wasn’t what we anticipated,” Rudyka said. “They treated us as temporary caregivers, not as parents.”

Comparisons to Deportation Claims

Lubinets has likened the Italian situation to allegations of illegal deportation to Russia. “Italy’s stance is no different from the Kremlin’s,” he said in a blockquote. “They’ve taken our children away and denied us access to them.” While the Russian government has long been accused of forcibly removing Ukrainian minors, Italy’s actions are framed as a protective measure. However, critics argue that the Italian courts are not merely safeguarding the children but also delaying their return, possibly to allow for adoptions or long-term integration.

Lo Faro, who has worked closely with Ukrainian authorities, noted that some children have been completely isolated from their homeland. “They couldn’t speak to their Ukrainian friends or even their mothers,” she said. “Their entire world became Italy.” Despite some successes in overturning guardianship decisions through the Italian Supreme Court of Cassation, the process remains complex. “It’s a battle that requires constant effort,” Lo Faro added. “We have to prove that the children’s welfare is at risk, and the courts are not always willing to act swiftly.”

International Adoption and Privacy Concerns

Italy’s legal system has also streamlined the adoption process for minors, making it easier for families to claim custody. This has led to concerns that some Ukrainian children may be permanently adopted, with little chance of returning to their home country. “The law allows for a smooth transition to adoption, but it also creates barriers for the original guardians,” said Lubinets. “It’s a system designed to protect children, but sometimes it works against the very families who raised them.”

Privacy laws further complicate the situation. Italian authorities have argued that sharing details about the minors’ cases could expose their identities or personal data. However, Ukrainian officials claim these laws are being used to delay decisions rather than protect the children. “We need transparency, not secrecy,” Lubinets insisted. “These children are not just legal cases—they are individuals with families and futures.”

As the legal battle continues, the Ukrainian government remains determined to resolve the issue. They are pushing for international cooperation and are hopeful that the Italian judiciary will reconsider its stance. Meanwhile, the children in Italy wait for a decision that could determine their future. With the war showing no signs of ending soon, the outcome of this dispute will have lasting implications for Ukraine’s demographic landscape and the rights of its children. For now, the story of Sasha and his fellow evacuees remains a symbol of the ongoing struggle between safety and sovereignty in the shadow of conflict.

“The longer the children stay abroad, the less likely they are to return. It’s a worrying prospect for a country already in crisis,” said Dmytro Lubinets, Ukraine’s human rights ombudsman, in a statement to CNN.

The fight for the children’s return underscores the complexities of international adoption and refugee law. As Kyiv and Rome continue their negotiations, the fate of these minors hangs in the balance, with their lives and identities at the center of a geopolitical dispute.