International
Adoption - Bangladesh
DISCLAIMER:
The information in this circular relating to the legal requirements of specific
foreign countries is provided for general information only. Questions involving
interpretation of specific foreign laws should be addressed to foreign legal
counsel.
PLEASE NOTE: Adoption
of children is not permitted under Bangladesh law. However, Bangladesh citizens
are permitted to apply for guardianship of children, effectively giving Bangladeshi
prospective adoptive parents custody of children. The 1982 Guardianship and
Wards Amendments Ordinances prohibit granting guardianship of Bangladeshi
children to non-Bangladeshi parents. These restrictions have limited adoption
of Bangladeshi children to only a handful each year.
Prospective adoptive
parents are advised to fully research any adoption agency or facilitator they
plan to use for adoption services. For U.S. based agencies, it is suggested
that prospective adoptive parents contact the Better Business Bureau and licensing
office of the Department of Health and Family Services in the state where
the agency is located.
GENERAL: The following
is a guide for U.S. - Bangladeshi dual citizens who are interested in obtaining
guardianship of a child in Bangladesh and applying for an immigrant visa for
the child to go to the United States for adoption. This process involves complex
Bangladesh and U.S. legal requirements. U.S. consular officers give each petition
careful consideration on a case-by-case basis to ensure that the legal requirements
of both countries have been met, for the protection of the prospective adoptive
parent(s), the biological parent(s) and the child. Interested U.S. citizens
are strongly encouraged to contact U.S. BCIS officials and U.S. consular officials
in Bangladesh before applying for guardianship of a child to ensure that appropriate
procedures have been followed which will make it possible for the Embassy
to issue a U.S. immigrant visa for the child. Simply obtaining legal guardianship
under Bangladesh law does not guarantee the child will qualify for a U.S.
visa. The child must be an orphan as defined by U.S. regulations. Children
who do not qualify under this definition may not immigrate to the United States
as an orphan even if the American citizen has been granted legal guardianship
of the child. The Department of State encourages Americans to consider
if a particular child is an orphan according to U.S. immigration law and regulations
before proceeding with an adoption. A
detailed description of the orphan definition used by BCIS can be found on
BCIS’s web site at http://www.uscis.gov.
BANGLADESH ADOPTION
AUTHORITY: The Bangladesh government offices responsible for guardianships
are the Family Court and Ministry of Home Affairs.
BANGLADESH ADOPTION
PROCEDURES:
Requirements for
Obtaining Legal Guardianship:
1. Biological parent must
sign an irrevocable release of the child before a Notary Public or Magistrate
here in Bangladesh.
2. An application for
legal guardianship must be made to the Family court. In Bangladesh, the Family
Court has sole jurisdiction over family matters.
3. A ‘No Objection Certificate’
must be obtained from the Home Ministry.
4. The No Objection Certificate
and ‘legal guardianship’ documents should be presented to the Bangladesh Passport
Office for the child’s passport. Prospective adopting parents should be listed
as the legal guardians in the child’s passport.
AGE AND CIVIL STATUS
REQUIREMENTS: Prospective adoptive parents must be at least 18 years old
and provide proof of Bangladeshi citizenship.
ADOPTION AGENCIES AND
ATTORNEYS: The Bangladesh government does not approve adoption agencies
or attorneys. The U.S. Embassy can provide a list of Bangladesh attorneys
conversant with family law in Bangladesh. The Embassy can also assist in providing
contact with local established charitable orphanages.
DOCTORS: The U.S.
Embassy can provide a list of panel physicians, should either you or your
children experience health problems while in Bangladesh.
BANGLADESH DOCUMENTARY
REQUIREMENTS: See Adoption Procedures above.
U.S.
IMMIGRATION REQUIREMENTS
A Bangladesh child adopted
by an American citizen must obtain an immigrant visa before he or she
can enter the U.S. as a lawful permanent resident. There are two distinct
categories of immigrant visas available to children adopted by American citizens.
A Previously Adopted
Child. Section 101(b)(1)(E) of the U.S. Immigration and Nationality Act
defines an "adopted child" as one who was adopted under the age of 161
and who has already resided with, and in the legal custody of, the adoptive
parent for at least two years. Parents who can demonstrate that their adopted
child meets this requirement may file an I-130 petition with the U.S. Bureau
of Citizenship and Immigration Services in the Department of Homeland Security
(BCIS) having jurisdiction over their place of residence. Upon approval of
the I-130 petition, the parents may apply for an immigrant visa for the child
at the U.S. Embassy in Dhaka. American citizens who believe this category
may apply to their adopted child should contact the U.S. Embassy in Dhaka
for more information.
1 A child
adopted at age 16 or 17 will also qualify, provided he or she was adopted
together with a natural sibling who was under age 16.
An Orphan. If an
adopted child has not resided with the adoptive parent for two years (or if
the child has not yet even been adopted) the child must qualify under section
101(b)(1)(F) of the U.S. Immigration and Nationality Act in order to apply
for an immigrant visa. The main requirements of this section are as follows:
- The adoptive or prospective
adoptive parent must be an American citizen;
- The child must be under
the age of 16 at the time an I-600 Petition is filed with the BCIS on his
or her behalf;
- If the adoptive or
prospective adoptive parent is married, his or her spouse must also be a
party to the adoption;
- If the adoptive or
prospective adoptive parent is single, he or she must be at least 25 years
of age;
- The child must be an
orphan, as defined by U.S. regulations. Although the definition of an orphan
found in many dictionaries is "A child whose parents are dead," U.S. immigration
law and regulations provide for a somewhat broader definition. Children
who do not qualify under this definition, however, may not immigrate to
the U.S. as an orphan even if legally adopted by an American Citizen. The
Department of State encourages Americans to consider if a particular child
is an orphan according to U.S. immigration law and regulations before proceeding
with an adoption. A detailed description
of the orphan definition used by BCIS can be found on BCIS's web site
at http://www.uscis.gov.
U.S. IMMIGRATION PROCEDURES
FOR ORPHANS
I. The Petition.
Adoptive and prospective
adoptive parents must obtain approval of a Petition to Classify Orphan
as an Immediate Relative (Form I-600) from the U.S. Bureau of Citizenship
and Immigration Services in the Department of Homeland Security (BCIS) before
they can apply for an immigrant visa on behalf of an orphan. The adjudication
of such petitions can be very time-consuming and parents are encouraged to
begin the process well in advance.
A prospective adoptive
parent may file Form I-600A Application for Advance Processing of Orphan
Petition with the Bureau of Citizenship and Immigration Services in the
Department of Homeland Security (BCIS) office having jurisdiction over their
place of residence. This form allows the most time-consuming part of the process
to be completed in advance, even before the parent has located a child to
adopt. In addition, a parent who has an approved I-600A may file an I-600
in person at the U.S. Embassy in Dhaka.2
2 If a married
couple is adopting the child and only one of the parents will travel to Bangladesh,
that parent must be an American citizen. REMEMBER both parents must still
sign the original I-600.
Detailed
information about filing these forms can be found on BCIS's web site at
http://www.uscis.gov. Americans who have adopted or hope to adopt a
child from Bangladesh should request, at the time they file these forms, that
BCIS notify the U.S. Embassy in Dhaka as soon as the form is approved. Upon
receipt of such notification, the Embassy will contact the parents and provide
additional instructions on the immigration process. U.S. consular officers
may not begin processing an orphan adoption case until they have received
formal notification of approval from an BCIS office in the US.
II. The Orphan Investigation
One part of the petition
process that BCIS cannot complete in advance is the "orphan investigation".
An orphan investigation Form I-604 Report on Overseas Orphan Investigation)
is required in all orphan adoption cases - even if an I-600 has already
been approved - and serves to verify that the child is an orphan as defined
by US immigration law. This investigation is performed by a consular officer
at the time of the child’s immigrant visa interview.
BANGLADESH EMBASSY
AND CONSULATES IN THE UNITED STATES:
Embassy of the Peoples
Republic of Bangladesh
3510 International Drive, NW
Washington, DC 20008
Phone: (202) 244-0183
Bangladesh Consulate Los
Angeles (CG)
10850 Wilshire Boulevard, Suite 1250
Los Angeles, CA 90024
Phone: (310) 441-9399
Fax: (310) 441-4458
Bangladesh Consulate New
York (CG)
211 East 43rd Street, Suite 502
New York, NY 10017
Phone: (212) 599-6767
Fax: (212) 682-9211
U.S. EMBASSY IN BANGLADESH:
U.S. Embassy Dhaka
Diplomatic Enclave
GPO Box 323, Dhaka-1212
Phone: (880) 2-882-4700 through 4722
Fax: (880) 2-882-4449
Web Site: http://www.citecho.net/usdhaka
ADDITIONAL INFORMATION:
Prospective adoptive parents are strongly encouraged to consult BCIS publication
M-249, The Immigration of Adopted and Prospective Adoptive Children,
as well as the Department of State publication, International
Adoptions.
QUESTIONS: Specific
questions regarding adoption in Bangladesh may be addressed to the Consular
Section of the U.S. Embassy in Bangladesh. You may also contact the Office
of Children's Issues, SA-29, 4th Floor, U.S. Department of State, Washington,
DC 20520, telephone 1-888-407-4747 with specific questions. Information is
also available 24 hours a day from several sources.
Telephone
Office of Children’s
Issues - Recorded information regarding changes in adoption procedures
and general information, 1-888-407-4747.
State Department Visa
Office - Recorded information concerning immigrant visas for adoptive
children, (202) 663-1225.
Bureau of Citizenship
and Immigration Services in the Department of Homeland Security - Recorded
information for requesting immigrant visa application forms, 1-800-870-FORM
(3676).
Internet
The Consular Affairs web
site at http://travel.state.gov contains international Adoption information
flyers and the International Adoptions Booklets .
BCIS
web site: http://www.uscis.gov
Other
Information
Consular Information
Sheets - published by the State Department and available for every country
in the world, providing information such as the location of the U.S. embassy,
health conditions, political situations, and crime reports. The information
is available 24 hours a day through the Internet web site, as above.