Revision as of 18:33, 12 February 2014

Hague Convention Information

Bangladesh is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption(Hague Adoption Convention). Intercountry adoptions of children from non-Hague countries are processed in accordance with 8 Code of Federal Regulations, Section 204.3 as it relates to orphans as defined under the Immigration and Nationality Act, Section 101(b)(1)(F).

Bangladeshi law does not allow for full adoptions of Bangladeshi children in Bangladesh. Prospective adoptive parents considering adopting a Bangladeshi child must obtain guardianship from a Bangladeshi court and subsequently adopt the child in the United States. For more information, please refer to U.S. State Department FAQs.

Only citizens of Bangladesh may obtain guardianship of Bangladeshi children. Since Bangladesh allows for dual citizenship, U.S. citizens who are also Bangladeshi citizens may be appointed guardians of Bangladeshi children.

There have been a number of instances in which U.S. citizens have been incorrectly advised by legal practitioners and have entered into fostering/adoption arrangements which, even though endorsed by local Bangladeshi courts, do not meet the requirements of Bangladeshi law. Adoptions that are not completed in accordance with Bangladeshi law will not meet the requirements for the issuance of a U.S. immigrant visa. Prospective adoptive parents who intend to adopt a Bangladeshi child should not attempt to circumvent the legal guardianship process.

U.S. citizens interested in adopting a child from Bangladesh are strongly encouraged to contact the U.S. Citizenship and Immigration Services (USCIS) in New Delhi and the Consular Section in the U.S. Embassy in Dhaka before applying for guardianship. Obtaining legal guardianship under the Bangladeshi law does not guarantee that the child will qualify for a U.S. immigrant visa.

U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS

To bring an adopted child to the United States from Bangladesh, you must meet eligibility and suitability requirements. The U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) determines who can adopt under U.S. immigration law.

Additionally, a child must meet the definition of orphan under U.S. immigration law in order to be eligible to immigrate to the United States on an IR-3 or IR-4 immigrant visa.

Who Can Adopt

In addition to U.S. immigration requirements, you must also meet the following requirements in order to obtain guardianship of a child from Bangladesh with the intention of adopting the child in the United States:

Residency

Prospective guardians must provide proof of Bangladeshi citizenship.

Age of Adopting Parents

Prospective guardians must be at least 18 years old.

Marriage

Bangladesh does not recognize same-sex marriage. However, the Family Court may grant custody to an applicant, irrespective of marital status.

Income

Bangladesh law does not establish a minimum income requirement for guardians. However, a prospective guardian must prove to the Family Court judge that he/she is able to feed, shelter and educate the child.

Other

Prospective guardians must submit an application for legal guardianship to the Family Court. In Bangladesh, the Family Court has sole jurisdiction over family matters.

Who Can Be Adopted

In order to qualify for U.S. immigration, a child must meet the definition of an orphan under U.S. immigration law. Bangladesh does not have any specific provisions of law related to guardianship of siblings or guardianship of special needs children. There is no waiting period or required foster care before a guardianship order may be entered by the Family Court.

Caution: Prospective adoptive parents should be aware that not all children in orphanages or children’s homes are adoptable. In Bangladesh, a child may be placed in an orphanage because his/her parents are unable to provide financial support. In such a case, the parents have not abandoned the child and they intend for the child to return home when the family’s financial circumstances improve.

How to Adopt

Adoption Authority

Bangladesh’s Adoption Authority

There is no independent central government adoption authority in Bangladesh. The Family Court has sole jurisdiction over family matters.

The Process

The process for adopting a child from Bangladesh generally includes the following steps:

1. Contact a lawyer in Bangladesh
2. Apply to be found eligible to adopt
3. Obtain custody of the child in Bangladesh
4. Obtain a No Objection Certificate from the Ministry of Home Affairs
5. Apply for the child’s passport
6. Apply to classify the orphan as an immediate relative
7. Apply for the child’s immigrant visa

1. Contact a Lawyer in Bangladesh

There are no adoption agencies in Bangladesh. However, there are numerous lawyers in Bangladesh who may initiate guardianship proceedings. The U.S. Embassy maintains a list of attorneys with family law experience in Bangladesh. The Embassy can provide contact information for established local charitable orphanages.

2. Apply to be Found Eligible to Adopt

File an I-600A, Application for Advance Processing of an Orphan Petition with U.S. Department of Homeland Security’s U.S. Citizenship and Immigration Services to be found eligible and suitable to adopt.

3. Obtain Legal Custody of Child in Bangladesh

The process for gaining legal custody in Bangladesh includes the following:

• Role of Adoption Authority: There is no formal adoption authority in Bangladesh.
• Role of the Court: Family Courts are located in all districts of Bangladesh and generally must be contacted in person. The Family Court reviews the character and capacity of the proposed guardian to care for the child.
• Role of Adoption Agencies: There are no adoption agencies in Bangladesh.
• Adoption Application: Prospective adoptive parents seeking to gain guardianship of a Bangladeshi child must submit an application for legal guardianship to the Family Court having jurisdiction over the child’s place of residence.
• Time Frame: There is no set time frame for completing legal guardianship. Below are estimated processing times for specific stages of the process:

1. Processing time at an orphanage – three days to one month;
2. Processing time at Family Court – one to three months;
3. Processing time at the Ministry of Home Affairs – 15 days to two months.

• Adoption Fees: There is a court fee of Tk. 60 (US$0.75) for filing the guardianship petition. Lawyer’s fees generally range from Tk. 5,000 to Tk. 50,000 (roughly US$85 to $850). There is no official orphanage fee.
• Documents Required: The following documents are normally required by the Family Court in order to obtain custody:

1. Birth certificate of the minor;
2. Irrevocable release/undertaking of the sole or surviving biological parent (if any) of the child before a Notary Public, 1st Class Magistrate, or the relevant Family Court in Bangladesh.

• Authentication of Documents: You may be asked to provide proof that a document from the United States is authentic. If so, the Department of State, Authentications Office may be able to assist.

4. Obtain a No Objection Certificate from the Ministry of Home Affairs

Please visit the website of the Ministry of Foreign Affairs, Dhaka, for information about how to obtain a No Objection Certificate.

5. Apply for the Child’s Passport

Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from Bangladesh. For information about how to obtain a passport from the Government of Bangladesh, please visit the Bangladesh Passport Office website.

6. Apply to Classify the Orphan as an Immediate Relative

Prospective adoptive parents must have an approved Form I-600, Petition to Classify Orphan as an Immediate Relative, before the U.S. Embassy in Dhaka can issue an immigrant visa to the prospective adoptive child. Prospective adoptive parents who have a valid approved Form I-600A may submit their Form I-600 to USCIS domestically, in person at Consular Section of the U.S. Embassy in Dhaka, or via email to DhakaAdoptions@state.gov.

7. Apply for the Child’s Immigrant Visa

After you obtain the new birth certificate and passport for your child and you have filed Form I-600, Petition to Classify Orphan as an Immediate Relative, you then need to apply for a U.S. immigrant visa for your child from the U.S. Embassy in Dhaka. This immigrant visa allows your child to travel home with you. As part of this process, the Consular Officer must be provided the Panel Physician’s medical report on the child.

You can find instructions for applying for an immigrant visa on the U.S. Embassy Dhaka’s website. To schedule an interview, please email DhakaAdoptions@state.gov after you have completed steps 1 through 6.

Prospective adoptive parents should be aware that consular officers are required by law to complete Form I-604 Determination on Child for Adoption (sometimes informally referred to as the “orphan investigation”) to verify that the child is an orphan as defined by U.S. immigration law before an immigrant visa is issued. Depending on the circumstances of a case, this investigation may take up to several weeks to complete, even if the Form I-600 Petition is already approved.

Note: Visa issuance after the I-600 petition has been approved and after the visa interview generally takes at least 48 hours. It will not normally be possible to provide the visa to adoptive parents on the day of the interview. Adoptive parents should verify current processing times by contacting DhakaAdoptions@state.gov before making final travel arrangements.

Child Citizenship Act

For adoptions finalized abroad prior to the child’s entry into the United States: A child will acquire U.S. citizenship upon entry into the United States if the adoption was finalized prior to entry and the child otherwise meets the requirements of the Child Citizenship Act of 2000.

For adoptions finalized after the child’s entry into the United States: An adoption will need to be completed following your child’s entry into the United States for the child to acquire U.S. citizenship.

Please be aware that if your child did not qualify to become a citizen upon entry to the United States, it is very important that you take the steps necessary so that your child does qualify as soon as possible. Failure to obtain citizenship for your child can impact many areas of his/her life including family travel, eligibility for education and education grants, and voting.

Read more about the Child Citizenship Act of 2000.

Adoption Authority

The Process

Traveling Abroad

After Adoption

SOURCE

Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information