A parent has a disability: can a serviceperson be discharged from service?

Publication date: July 15, 2026

A serviceperson contacted the Legal Development Network online chat with a question: can he be discharged from military service if one of his parents has a group I or II disability? The answer was prepared by Oleksandra Shcherbyna, lawyer at the Bila Tserkva NGO Pravova Yednist (Legal Unity).

Enquiries of this kind are fairly common, since during martial law servicepeople often have to combine the performance of their military duty with the need to support and care for close relatives.

At the same time, the fact that a mother or father has a group I or II disability does not in itself guarantee discharge from military service. When the question of discharge is decided, other circumstances provided for by law are also taken into account. That is why, in practice, servicepeople often want to know which documents need to be submitted, whether having brothers or sisters affects the right to discharge, how family circumstances are verified, and what to do if the command refuses. Let us look at these questions in more detail.

Statutory conditions for discharge from service

Under the Law of Ukraine “On Military Duty and Military Service”, during martial law a serviceperson has the right to discharge from military service on family grounds where one of their own parents, or one of their spouse’s parents, is a person with a group I or II disability.

However, this ground can only be applied on condition that the person with a disability has no other relatives fit for work who are obliged by law to support them.

In other words, for discharge it is not enough merely to confirm that a father or mother has been assessed as having a group I or II disability. It is also necessary to prove the absence of other family members fit for work who, under the legislation, are obliged to provide support and care for the person with a disability.

Important! A group III disability in a parent does not confer the right to discharge from service.

At the same time, each situation is assessed individually, taking into account all the documents submitted and the actual family circumstances.

Which documents need to be prepared

1. A copy of the serviceperson’s birth certificate (or another document confirming the family relationship with the person in need of care);
2. A certificate or confirmation of assessment of a group I or II disability;
3. A medical conclusion on the need for external or constant care;
4. Documents on the absence of other people who could provide care;
5. Certificates of family composition or place of residence;
6. Other documents confirming the family circumstances.

It is also advisable to attach a written statement from the parent with a disability about their need for care and the need for that care to be provided specifically by the serviceperson. Although the legislation does not expressly require such a document, it may be taken into account during verification of family circumstances.

The fuller the package of documents, the lower the risk of additional questions arising during consideration of the report.

What the command looks at when considering the report

When examining the documents, the military unit command and other authorised bodies usually check:

• whether there are documents confirming the disability;
• the family relationship between the serviceperson and the person with a disability;
• whether or not there are other relatives fit for work;
• the actual ability of other people to provide care;
• the results of the family status check;
• the completeness and adequacy of the documents submitted.

What a family status verification report is and why it is needed

One of the key documents when discharge is being considered is the report on verification of the serviceperson’s family status.

This report is drawn up by a commission of the territorial recruitment and social support centre in order to establish the serviceperson’s actual family circumstances. During the check, the commission establishes:

• whether there are family ties between the serviceperson and the person with a disability;
• the fact that a group I or II disability has been assessed;
• the family composition of the person with a disability;
• whether or not there are other relatives fit for work who are obliged to support them;
• the actual ability of other people to provide care;
• living conditions and other circumstances relevant to taking a decision.

Following the check, a report is drawn up, sent to the military unit and taken into account when the discharge report is considered.

Please note: although the Law of Ukraine “On Military Duty and Military Service” contains no express requirement to draw up such a report, in practice it is often one of the key documents in assessing a serviceperson’s family circumstances.

Can discharge be refused if there is a brother or sister?

The existence of brothers, sisters or other relatives is not always a ground for refusing discharge.

A common misconception is that the mere fact of having a brother or sister automatically rules out discharge from service. In reality this is not the case.

What is decisive is not simply that such people exist, but their actual ability to fulfil the obligation to support and care for the person with a disability.

For example, if other relatives live abroad, are performing military service, have health conditions of their own, have a disability, or face other circumstances that make providing care impossible, these facts may be taken into account when the report is considered — but only where supporting documents are provided.

How to submit a discharge report

Once the necessary documents have been collected, the serviceperson submits a report addressed to the commander of the military unit.

The report should set out:

• the request for discharge from service on family grounds;
• the ground for discharge — a reference to paragraph 13 of sub-clause “g” of clause 2 of part four of Article 26 of the Law of Ukraine “On Military Duty and Military Service”;
• details of the father or mother with a disability;
• information on the absence of other people obliged to support them;
• a list of the documents attached to the report.

Important! The report must be submitted in two copies, one of which should remain with the serviceperson bearing a registration stamp. This makes it possible to prove that the report was submitted and on what date it was registered, should a dispute arise.

What to do if the command refuses discharge

In practice, servicepeople not infrequently encounter refusals or delays in the consideration of their report. The most common reasons for refusal are:

• the absence of documents confirming the disability;
• failure to confirm that there are no other people who could provide care;
• improperly completed documents;
• a commission conclusion that there are other relatives fit for work.

In the event of a refusal, a serviceperson has the right to:

• submit a report-complaint to a higher command;
• contact the territorial recruitment and social support centre to clarify the results of the family status check;
• lodge a complaint with the Ministry of Defence of Ukraine;
• challenge the decision in the district administrative court.

It is worth remembering that proper documentary confirmation of family circumstances is often decisive when challenging a refusal.

A brief algorithm for a serviceperson

Step 1. Check that the grounds exist. Make sure that:

• the father or mother has a group I or II disability;
• there are no other people fit for work who are obliged to support them;
• you have documents confirming these circumstances.

Step 2. Collect the full package of documents.

Step 3. Submit the report.

Step 4. Go through the family status check, and if necessary provide the territorial recruitment and social support centre commission with the required documents and explanations.

Step 5. Receive the command’s decision.

Step 6. Challenge a refusal (if needed). If the decision is unlawful or unfounded, it can be challenged through administrative channels or in court.

Conclusions

A group I or II disability in a father, mother, or a spouse’s parents may therefore serve as a ground for discharging a serviceperson from service during martial law. However, for the matter to be resolved favourably it is important not only to confirm the fact of the disability, but also to prove the absence of other relatives fit for work who are obliged to provide support and care. This is precisely why particular attention should be paid to preparing the documents and properly substantiating the family circumstances.

This material was produced by the Legal Development Network public union with the support of the international charitable platform GlobalGiving. The content of this publication is the sole responsibility of the Legal Development Network.

Cover photo for the article: depositphotos.com

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