Procedures for Adoption

The Department of State considers adoption cases to be of the highest priority. The following is a guide for U.S. citizens who are interested in obtaining legal guardianship of a Bangladeshi minor and applying for an immigrant visa for the child to go to the United States for a full and final adoption. 

Facts About Adoption in Bangladesh

Bangladesh has no statutory provisions governing adoption or legal mechanism for adoptions to exist.  Bangladesh law, however, permits its own citizens to apply for legal guardianship of children.  Under Bangladeshi law, the 1982 Guardianship and Wards Amendments Ordinances prohibit granting legal guardianship of Bangladeshi children to non-Bangladeshi parents.  

Immigration visa applicants and lawful permanent residents who have legal guardianship of a Bangladeshi minor should note that for immigration purposes, guardianship and adoption are not the same.  Simple, conditional, or limited adoptions, such as those conducted under Islamic Family Law in some countries including Bangladesh, are more accurately described as legal guardianship and are not considered valid adoptions for U.S. immigration purposes. 

Who Can Adopt a Bangladeshi Minor?

A U.S. citizen who is also a Bangladeshi citizen who has obtained guardianship of a Bangladeshi child under Bangladeshi law may apply for an immigration visa for that child to go to the United States.  The adoption will be full and final in the United States.  Immigration visa applicants and lawful permanent residents must first naturalize before petitioning for an adopted child. 

There have been a number of instances in which U.S. citizens have been poorly 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 adoption law.  Adoptions that do not meet these requirements will not meet the requirements for the issuance of U.S. immigrant visas for the children.  U.S. citizens intending to adopt a child in Bangladesh should not attempt to circumvent the proper processes.

What is the Process?

See the Department of State’s Intercountry Adoption Website for detailed information on the adoption process in Bangladesh: http://adoption.state.gov/country_information/country_specific_info.php?country-select=bangladesh

The process of obtaining guardianship of a child in Bangladesh and applying for an immigrant visa for that child requires that prospective parents meet complex Bangladesh and U.S. legal requirements.  U.S. Consular Officers in Bangladesh give each application 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 parents, and the child.

Interested U.S. citizens are strongly encouraged to contact their nearest U.S. Citizenship and Immigration Services (USCIS) before applying for legal guardianship of a child to ensure that appropriate procedures have been followed.  Obtaining legal guardianship under Bangladesh law does not guarantee that the child will qualify for a U.S. immigrant visa.

U.S. Immigration Requirements

A Bangladesh child who is the legal ward of a U.S. citizen must obtain an immigrant visa before he or she can enter the United States as a lawful permanent resident.  After entering the United States, the prospective parents are able to finalize the adoption, and the child can then obtain citizenship.

While there are several different types of immigrant visas available to adopted children, since Bangladeshi law does not allow for full legal adoptions, adoptive children in Bangladesh usually qualify for the IR-4 immigrant visa category (orphan whose adoption will be finalized after admission to the United States).  In this case, 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:

• At least one of the adoptive or prospective adoptive parents must be a U.S. citizen;
•  The child must be under the age of 16 at the time an I-600 Petition is filed;
•  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.  Please note that if it is revealed during the IR-4 immigrant visa interview that the child does not meet the qualifications of an orphan as defined by U.S. regulations, the petition may be returned to USCIS.

Adoption - Filling a Petition with USCIS

If you have already identified a child you want to adopt, you may file Form I-600, Petition to Classify an Orphan as an Immediate Relative directly with USCIS.

If you have not yet identified a particular child for adoption, you may begin the process by filing Form I-600A, Application for Advance Processing of Orphan Petition.

If the I-600A petition has been approved by USCIS, the prospective adoptive parents may file the second petition (I-600, Petition to Classify an Orphan as an Immediate Relative) at the Consular Section of the U.S. Embassy in Dhaka.  Only after the I-600 petition has been approved by either USCIS or the U.S. Embassy in Dhaka will the child and prospective adoptive parents be scheduled for an immigrant visa interview.

Both the I-600 and I-600A petition can be found at: http://www.uscis.gov/

Please note that if you have filed your petition in the United States, the U.S. Embassy recommends against travelling to Bangladesh until you have been notified by USCIS that your petition has been approved and is being forwarded to the U.S. Embassy in Dhaka for processing.  Once your petition is approved and has been forwarded to the U.S. Embassy in Dhaka, the adoptions section will contact you for next steps.

Prospective parents who wish to process the I-600 in Bangladesh should contact the U.S. Embassy by e-mail (DhakaAdoptions@state.gov) to schedule an appointment.

Requirements for Obtaining Legal Guardianship in Bangladesh

(Note: Prospective adoptive parents must be at least 18 years old and provide proof of Bangladeshi citizenship.):

• The biological parent(s) must sign an irrevocable release of the child before a Notary Public or Magistrate in Bangladesh.
•  An application for legal guardianship must be made to the Family Court.  In Bangladesh, the Family Court has sole jurisdiction over family matters.
•  The prospective adoptive parents must obtain a ‘No Objection Certificate’ from the Home Ministry.
•  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.

The Bangladesh government does not approve adoption agencies or attorneys.  The U.S. Embassy can provide a list of Bangladeshi attorneys conversant with family law in Bangladesh.  The Embassy can also assist in providing contact information for local established charitable orphanages.  The U.S. Embassy Dhaka, Bangladesh assumes no responsibility or liability for the professional ability or reputation of, or the quality of services provided by, the persons or firms mentioned in the list.

Orphan Investigations

One part of the petition process that USCIS cannot complete in advance is the “orphan investigation.”  An 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 U.S. immigration law.  The investigation is part of the immigrant visa approval process.

Additional Resources

For more information, please consult the following sources:

U.S. Embassy in Bangladesh:
U.S. Embassy, Dhaka
Madani Avenue, Baridhara
Dhaka-1212, Bangladesh
Tel: (880) 2-882-3805
Email:DhakaAdoptions@state.gov

Bangladesh Embassy and Consulates in the U.S.

Embassy of the People’s Republic of Bangladesh
3510 International Drive, NW
Washington, DC 20008
Website: http://www.bdembassyusa.org/

Bangladesh Consulate Los Angeles (CG)
4201 Wilshire Blvd
Suite # 605
Los Angeles, CA 90010
Website: http://www.bangladeshconsulatela.com/

Bangladesh Consulate New York (CG)
211 East 43^rd Street, Suite 502
New York, NY 10017
Phone: (212) 599-6767
Fax: (212) 682-9211

Website: http://www.bdcgny.org/

Department of State Phone Numbers

Office of Children’s Issues – Recorded information regarding changes in adoption procedures and general information, (202) 736-7000

State Department Visa Office – Recorded information concerning immigrant visas for adoptive children, (202) 663-1225

Websites

The following websites offer further information on intercountry adoption:

• U.S. Citizenship and Immigration Services http://www.uscis.gov
•  Department of State Bangladesh Adoption Country In formation
  http://adoption.state.gov/country_information/country_specific_info.php?country-select=bangladesh
•  Department of State website on Intercountry Adoption
  http://adoption.state.gov/