This week Your Legal Adviser
Legal Query :
I am a Bangladeshi, now living in USA. I am married since 2005; still we don’t have any child. We did a lot of treatment, but no result. Now we have decided to adopt a child from Bangladesh. Would you please inform me about the legal formalities we have to maintain now and to avoid the future crisis?
Legal Opinion :
Thanks for your query. Child Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person’s biological or legal parent or parents, and, in so doing, permanently transfers all rights and responsibilities, along with filiation, from the biological parent or parents.Actually like other countries, there is no independent central government adoption authority in Bangladesh. The Family Court has the sole jurisdiction over such family matters.
To adopt a child from Bangladesh, firstly you need to contact with a lawyer who has the expertise in the family matters and who may initiate guardianship proceedings.Secondly, by the supervision of your lawyer or by your own, have to find an orphan or any parents who is interested to give their child to any childless couple.
Then thirdly, an Irrevocable release/undertaking, of the sole or surviving biological parent (if any) of the child or by the orphanage authority from whom you adopted the child before a Notary Public, 1st Class Magistrate in Bangladesh in Bangladesh, has to be executed.
Fourthly, it is necessary to obtain custody of the child from 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.And therefore, may give the permission of guardianship of the child.
After obtaining the permission regarding the custody of the child from the court, the fifth step is to obtain the no objection certificate from the Ministry of Foreign affairs, Dhaka, Bangladesh.
Then you have to apply for child’s passport and must enclose the birth certificate of the child with the passport application. Lastly, after getting the passport of the child from the passport office, you will be required to apply for the child’s immigrant visa. Remember one thing, you are going to be the legal guardian and parents of an innocent child so must take care of the child.
A.B.M Shahjahan Akanda (Masum)
Advocate, Supreme Court of Bangladesh.
He is the Head of the chamber of a renowned law firm, namely, ‘Law for Nations’, which has expertise mainly in banking law, tax law, commercial law, corporate law, family law, employment and labor law, land law,constitutional law, criminal law and in conducting litigations before courts of different hierarchies. He can be reach