Bangladesh and the Hague Convention

Ancient Somapura, a UNESCO World Heritage site.
Source: Wikipedia.org.

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.

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