Child Adoption / Legal Guardianship and Adoption Visa

BANGLADESHI CHILD ADOPTION AND U.S. ADOPTION VISA PROCESS BY BANGLADESH-AMERICAN CITIZENS OR LEGAL PERMANENT RESIDENT (GREEN CARD HOLDER) OF U.S.

The US Department of State considers adoption cases to be of the highest priority. The following is a guide for Bangladeshi-American citizens or Legal Permanent Resident (LPR) of U.S. who are interested in obtaining Adoption of a Bangladeshi minor and applying adoption visa for the child to permanently settle in the United States.

Bangladesh is not party to The Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption (Hague Adoption Convention). Therefore, when The Hague Adoption Convention entered into force for the United States on April 1, 2008, inter-country adoption processing for Bangladesh did not change. Bangladeshi law does not allow for full adoptions of Bangladeshi children. Bangladeshi-Americans considering adoption of Bangladeshi children must obtain guardianship from a Bangladeshi court to very carefully prepare their submission in the context of both Bangladesh Law and U.S. Immigration Law and subsequently adopt the child in the United States.

There have been a number of instances in which Bangladeshi-Americans or or Legal Permanent Resident (LPR) of U.S. have been poorly advised by general legal practitioners of Bangladesh and have entered into fostering/adoption arrangements which, even though endorsed by local Bangladeshi courts. Adoptions that do not meet the complex Bangladesh and U.S. legal as well as Immigration requirements will not meet the requirements for the issuance of U.S. Adoption Visa (immigrant visa) for the Bangladeshi child. Bangladesh-Americans intending to adopt 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 handing legal guardianship case 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 adoptive parent(s), the biological parent(s), and the child and for the National Interest of Bangladesh and United States of America.

Bangladesh has no statutory provisions governing adoption or legal mechanism for adoptions to exist. The issues like Marriage, Divorce, and Adoption are dealt 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 children. Under Bangladeshi law, The Guardians and Wards Act, 1890 prohibit granting legal guardianship of Bangladeshi children to non-Bangladeshi parents.

An adoptive parent(s) i.e. U.S. Citizen or Legal Permeant Resident (LPR) who have legal guardianship of a Bangladeshi minor should note that for U.S. immigration purposes, guardianship and adoption are not the same. Simple, conditional, or limited adoptions, such as those conducted under Islamic Family Law in Bangladesh, more accurately described as legal guardianship is not considered valid adoptions for U.S. immigration purposes.

The process of obtaining legal guardianship of a 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 both countries have been met.

Now that adoption is complete (or adoptive parent have obtained legal guardianship and custody of the child), there are a few more steps to take before adoptive parent apply for adoption visa for adopted child.

After adoptive parent finalize the adoption in Bangladesh, the U.S. Department of Homeland Security and U.S. Embassy in Dhaka, Bangladesh must determine whether the 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.

Obtaining legal guardianship under Bangladesh law does not guarantee that the child will qualify for a adoption (U.S. immigrant) visa.

The above information has been provided for the protection of the prospective adoptive parent(s) i.e. Bangladeshi-Americans, the biological parents, the adoptive child and for the national interest of Bangladesh and USA.