The US Department of State considers the adoption of a Bangladeshi child cases to be of the highest priority. The following is a guide for Bangladeshi-American citizens or Legal Permanent Resident (LPR) of the U.S. who are interested in obtaining Adoption of a Bangladeshi child and applying adoption visa for the child to permanently settle in the United States of America.
Bangladesh is not a party to The Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption (Hague Adoption Convention). Bangladeshi law does not allow for full adoption of a Bangladeshi child in any country. Bangladeshi-Americans considering adoption of a Bangladeshi child must obtain guardianship from a Bangladeshi court and they require to prepare their submission in the context of both Bangladesh Law and U.S. Immigration Law very carefully in order to adopt the child from Bangladesh.
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There have been a number of instances in which Bangladeshi-Americans or Legal Permanent Resident (LPR) of U.S. have been poorly advised by general legal practitioners of Bangladesh in regards to adoption of a Bangladeshi child and have entered into adoption arrangements which, even though endorsed by local Bangladeshi courts. Adoptions that do not meet the complex Bangladesh and U.S. law, as well as Immigration requirements, will not meet the requirements for the issuance of a U.S. Adoption Visa (immigrant visa) for the Bangladeshi minor child adoption.
Bangladesh-Americans intending to adoption a child in Bangladesh should attempt to take proper legal advice from outstanding Lawyer in Bangladesh who not only have practical knowledge and experience in handling legal guardianship cases but also in handling U.S. adoption visa cases too in the context of complex Bangladesh and U.S. legal as well as immigration law for the protection of the prospective in adoptive parent(s), the biological parent(s), and the minor child and for the National Interest of Bangladesh and the United States of America.
Bangladesh has no statutory provisions of the governing adoption or legal mechanism for adoptions to exist. The issues like Marriage, Divorce, and Adoption are dealt with by the personal religious law along with relevant statutes of the land. Bangladesh law, however, permits its own citizens regardless of any religion to apply for legal guardianship of Bangladeshi minor children. Under The Bangladeshi law, The Guardians and Wards Act, 1890 prohibit granting legal guardianship of Bangladeshi children to non-Bangladeshi parents.
Adoption of minor child
An adoptive parent(s) i.e. U.S. Citizen or Legal Permeant Resident (LPR) who have legal guardianship of a Bangladeshi minor child should note that for U.S. immigration purposes, guardianship and adoption are not the same for every cases. Simple, conditional, or limited adoptions, such as those conducted under Islamic Family Law in Bangladesh, more accurately described as legal guardianship are not considered valid adoptions for U.S. immigration purposes.
The process of obtaining the legal guardianship of a minor child in Bangladesh and applying for an immigrant visa for that child requires that prospective adoptive parents meet complex Bangladesh and U.S. legal requirements. U.S. Consular Officers in U.S. Embassy in Dhaka, Bangladesh give each application careful consideration on a case-by-case basis to ensure that the legal requirements of the both countries have been met.
Adoption of a Bangladeshi child
Now that adoption is complete (or the adoptive parent has obtained legal guardianship and custody of the child), there are a few more steps to take before the adoptive parent applies for an adoption visa for the adopted minor child.
After the adoptive parent finalizes the adoption of minor child in Bangladesh, the U.S. Department of Homeland Security and the U.S. Embassy in Dhaka, Bangladesh must determine whether the minor child is eligible under Bangladesh and especially U.S. Immigration law to be adopted. The adoption will be full and final in the United States of America.
Obtaining legal guardianship under Bangladesh law does not guarantee that the child will qualify for an adoption (U.S. immigrant) visa.
The adop information has been provided for the protection of the prospective adoptive parent(s) i.e. Bangladeshi-Americans, the biological parents, the adoptive minor child, and for the national interest of Bangladesh and the USA.
If you need any further information about adoption of a Bangladeshi child, please contact us.