The Legal Limbo of Ukraine’s Displaced Children: Why Italy is Blocking Their Return

The Temporary Refuge That Became a Permanent Legal Wall

In the summer of 2022, Liubov Rudyka, a director of a children’s home in Sumy, led 25 minors across borders to the city of Naples. At the time, the operation felt like a humanitarian necessity. Sumy had been nearly encircled by Russian forces in the opening weeks of the invasion, and the children were in acute danger. Rudyka viewed the move as a temporary reprieve—a long-term “summer camp” where children could escape the sirens and shelling of northern Ukraine.

Four years later, that temporary safety measure has evolved into a diplomatic and legal deadlock. The Ukrainian government reports that more than 300 children are currently being prevented from returning home, with the majority of these cases concentrated in Italy, Germany, and Austria. What began as a gesture of European solidarity has shifted into a battle over sovereignty, guardianship, and the definition of a child’s “best interests.”

The Mechanism of Disappearance: From Guardianship to Refugee Status

The core of the conflict lies in a fundamental disagreement over legal status. Under Ukrainian law, Liubov Rudyka was the legal guardian of the children from the Sumy orphanage. However, upon arrival in Italy, the Italian judicial system did not recognize this guardianship. Instead, the children were processed as unaccompanied minors.

By granting these children refugee status and assigning them state-appointed Italian guardians, the Italian government effectively severed the legal link between the children and their home institutions. This was not an accidental administrative error, but a result of Italian law strengthened during the European migrant crisis of a decade ago. To prevent the exploitation of child refugees, Italy implemented a strict ban on the removal of any unaccompanied child unless a court finds exceptional circumstances.

For the children, this meant a total shift in environment. Rosa Emanuela Lo Faro, an Italian lawyer representing some of these minors, describes a harrowing level of isolation. In certain instances, children were banned from communicating with their guardians, friends, and family members in Ukraine. The only permitted point of contact was their newly assigned Italian guardian.

The Psychology of ‘Best Interests’

In international family law, the “best interests of the child” is the gold standard for decision-making. However, this phrase is highly subjective. For the Italian courts and foster families, the “best interest” is defined by stability, a peaceful environment, and the ability to integrate into a high-income European society. For the Ukrainian government, the “best interest” is the preservation of national identity, family reunification, and the right to return to one’s homeland.

Foster families often put significant pressure on judicial authorities. The argument is simple: why send a child back to a war zone when they are thriving in a stable Italian home? This creates a perverse incentive where the longer a child stays in the foster system, the more “stable” they appear, making the legal argument for their return even harder to win.

The Sasha Case: A Catalyst for Diplomatic Tension

The dispute reached a boiling point in April when Kyiv announced that a 15-year-old boy, Sasha, had been legally adopted by an Italian family. The case is particularly egregious because Sasha has a mother in Ukraine who has consistently fought for his return. The adoption bypasses the fundamental principle of parental consent, suggesting that the Italian judiciary believes the child is “better off” in a foreign family than with his biological mother in a conflict-affected region.

Dmytro Lubinets, Ukraine’s human rights ombudsman, has been vocal about the Italian government’s refusal to intervene. Lubinets asserts that Italy is hiding behind the “independence of the judiciary” to avoid diplomatic responsibility. In a stark critique, Lubinets compared the Italian state’s actions to the illegal deportations conducted by the Kremlin, stating that both entities are effectively denying Ukraine access to its own children.

“(Italy’s) attitude is, in fact, no different from the Russian side’s position… they have taken our children away and are denying us access to them,” Lubinets told CNN.

Comparative Legal Frameworks: Ukraine vs. Italy

The Demographic Imperative: Why This Matters to Kyiv

For Ukraine, this is not just a legal dispute over a few hundred children; it is an existential crisis. Ukraine is already grappling with one of the most severe demographic collapses in modern history. Millions of citizens have fled, and the birth rate has plummeted due to the war. The permanent loss of 300+ children to European adoption represents a continuing hemorrhage of the nation’s future population.

Furthermore, there is the issue of cultural erasure. When children are placed in Italian homes and forbidden from speaking to their Ukrainian peers or guardians, they lose their linguistic and cultural ties. By the time the war ends, these children may no longer identify as Ukrainian, making their return not only legally difficult but psychologically impossible.

The Role of Local Communities

The tragedy is compounded by the genuine kindness of local Italians. In Rota d’Imagna, Lombardy, teachers like Diego Mosca and volunteers like Michela Noris opened their homes to host dozens of children. These volunteers believed they were providing a sanctuary. Noris, who hosted over a dozen children, viewed her role as providing “relief” and a chance for children to experience life outside an institution. However, this grassroots kindness provides the evidentiary basis for the courts to keep the children: they are “happy,” “integrated,” and “safe.”

FAQ: Understanding the Legal Battle for Ukrainian Minors

Why aren’t the children just sent back to Ukraine?

Under Italian law, children designated as “unaccompanied minors” cannot be removed from the country without a court order. Italian judges often rule that returning to a country currently experiencing an active war is not in the child’s best interest, regardless of their citizenship.

What is an “unaccompanied minor” in this context?

It is a legal designation used for children who arrive without a parent or legal guardian recognized by the host country’s laws. By ignoring the authority of the Ukrainian orphanage directors, Italy was able to apply this status, which grants the state more control over the child’s placement.

Can the Ukrainian government force Italy to return the children?

Not easily. While diplomatic pressure is being applied via the Ombudsman, the Italian government maintains that its judiciary is independent. This means the executive branch cannot simply “order” the children to be returned; each case must be fought in court.

Is this similar to what Russia is doing?

Ukraine’s Ombudsman, Dmytro Lubinets, argues that the result is the same: children are taken from their home country and denied the right to return. However, the method differs. Russia’s actions are widely viewed as forced deportations for the purpose of Russification, whereas Italy’s actions are presented as judicial protections based on child welfare laws.

How many children are affected?

Ukraine reports that over 300 children are being prevented from returning, primarily across Italy, Germany, and Austria, though Italy has the most documented cases of guardianship disputes.

The Path Toward Resolution

The resolution of this crisis likely depends on the Italian Supreme Court of Cassation. Lawyer Rosa Emanuela Lo Faro has successfully overturned some guardianship decisions, proving that the courts can be swayed by the ability to prove a safe environment exists in Ukraine. However, the sheer volume of cases and the influence of prospective adoptive parents create a steep uphill battle.

Until a comprehensive bilateral agreement is signed between Kyiv and Rome—one that explicitly recognizes the validity of Ukrainian guardianship during wartime evacuations—these children remain caught in a legal limbo. They are citizens of a nation fighting for its survival, living in a country that, in its effort to protect them, has effectively erased their path home.

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