Legal Guardianship in Bangladesh and Adoption Process
Adoption and legal guardianship are two ways through which a child can be taken into care by someone other than their biological parents. These legal concepts play an important role in ensuring the welfare of children who are in need of care and protection. In Bangladesh, adoption and legal guardianship are regulated by laws and policies that are aimed at protecting the rights of children and ensuring their well-being.
Adoption in Bangladesh
Adoption is the legal process through which a child is permanently taken into the care of a person or a couple who are not the child’s biological parents. The adoption process in Bangladesh is governed by the Guardians and Wards Act, 1890, and the Children Act, 2013. According to these laws, adoption is only allowed when it is in the best interest of the child, and the adoption must be approved by a court of law.
The Children Act, 2013 provides detailed guidelines for adoption in Bangladesh. According to the law, a child can be adopted by a person or a couple who meet the following criteria:
- The adoptive parent(s) must be at least 25 years of age.
- The adoptive parent(s) must be of sound mind and capable of taking care of the child.
- The adoptive parent(s) must not have been convicted of any offence involving moral turpitude.
- The adoptive parent(s) must have adequate means to provide for the child.
In addition to these criteria, the law also requires that the child to be adopted must be a legitimate child, and the adoption must be in the best interest of the child. The law also requires that the consent of the biological parents or legal guardians must be obtained before the adoption can be approved by the court.
The adoption process in Bangladesh involves several steps. First, the adoptive parent(s) must file an application for adoption with the court. The court will then conduct an investigation to determine whether the adoption is in the best interest of the child. If the court is satisfied that the adoption is in the best interest of the child, it will issue an order approving the adoption. After the adoption is approved, the adoptive parent(s) will be granted legal custody of the child, and the child will take on the surname of the adoptive parent(s).
Legal Guardianship in Bangladesh
Legal guardianship is another way in which a child can be taken into care by someone other than their biological parents. In Bangladesh, legal guardianship is governed by the Guardians and Wards Act, 1890, and the Children Act, 2013. Under these laws, a person can be appointed as a legal guardian of a child if it is in the best interest of the child.
Legal guardianship can be granted in a variety of situations. For example, if the biological parents are unable to take care of the child due to illness, imprisonment, or other reasons, a legal guardian can be appointed to take care of the child. Legal guardianship can also be granted if the child is a victim of abuse, neglect, or exploitation, and the biological parents are unable or unwilling to take care of the child.
To become a legal guardian in Bangladesh, a person must file an application with the court. The court will then conduct an investigation to determine whether the appointment of a legal guardian is in the best interest of the child. If the court is satisfied that the appointment of a legal guardian is in the best interest of the child, it will issue an order appointing the legal guardian.
The legal guardian will have the same rights and responsibilities as a biological parent, and will be responsible for the care and protection of the child. However, the legal guardian does not have the right to make decisions regarding the child’s marriage, religion, or education without the permission of the court.
FAQ about Legal Guardianship in Bangladesh:
|What is legal guardianship?
|Legal guardianship is a legal arrangement in which a person is appointed to care for a child or an incapacitated adult who is unable to care for themselves.
|Who can be a legal guardian?
|A person who is over 21 years old, of sound mind, and not convicted of a criminal offense can be a legal guardian.
|How is legal guardianship established in Bangladesh?
|Legal guardianship can be established through a court order. The court will consider the best interests of the child or incapacitated adult in determining whether to appoint a guardian.
|What factors does the court consider when appointing a legal guardian?
|The court will consider factors such as the relationship between the child or incapacitated adult and the proposed guardian, the ability of the proposed guardian to provide care, and the wishes of the child or incapacitated adult (if they are able to express their wishes).
|Can a legal guardian be appointed without a court order?
|No, legal guardianship must be established through a court order in Bangladesh.
|How long does legal guardianship last?
|Legal guardianship can last until the child or incapacitated adult reaches the age of majority (18 years old) or until the court revokes the guardian’s authority.
|Can a legal guardian be removed?
|Yes, a legal guardian can be removed if they are found to be unfit to serve or if there is a change in circumstances that warrants a change in guardianship.
|What are the rights and responsibilities of a legal guardian?
|A legal guardian has the right to make decisions on behalf of the child or incapacitated adult, such as decisions related to education, healthcare, and finances. They also have the responsibility to act in the best interests of the child or incapacitated adult and to provide them with a safe and supportive environment.
|Can a legal guardian be held liable for their actions?
|Yes, a legal guardian can be held liable for their actions if they act negligently or in violation of their responsibilities as a guardian.
|Can a legal guardian be paid for their services?
|Yes, a legal guardian can be paid for their services if they are caring for an incapacitated adult. However, a legal guardian of a child cannot receive payment for their services.
Adoption Process in Bangladesh
Individuals may apply for guardianship of a child’s person or property under the Guardians and Wards Act of 1890. However, there is no specific law governing adoption in Bangladesh. This article will provide a concise but comprehensive overview of adoption and legal guardianship in Bangladesh.
Adoption and legal custody in Bangladesh:
Adoption and Legal Guardianship have no legal or practical distinction. However, the terms “Adoption” and “Legal Guardianship” were used due to Bangladesh’s diverse personal laws.
Family Court Ordinance of 1985; Guardians and Wards Act of 1890; Code of Civil Procedure of 1908; Muslim Family Laws Ordinance of 1961; Children Act of 2013; and Hindu personal Laws and Customs.
Adoption of a Muslim baby:
According to Muslim law, Muslim parents in Bangladesh are not permitted to adopt children because Bangladeshi law does not recognize adoption. However, their only recourse is to petition the appropriate family courts for legal guardianship. Unfortunately, children under guardianship do not have all rights, such as the right to inherit their legal guardians’ property.
Adoption of Hindu children and children of other religions:
However, according to Hindu family law, only Hindus may adopt boys. Therefore, the status of adopted boys will be the same as that of a natural son, and they will enjoy the same rights under personal law and secular law, such as inheritance, as if they were born into this family. In addition, adoption is permitted and encouraged under Christian and Buddhist personal laws.
Regardless of personal law, the Guardians and Wards Act governs legal custody and guardianship:
Application for guardianship to the court:
Adoption or guardianship applicants in Bangladesh must file a petition with the family court having jurisdiction over the child’s place of residence, in accordance with the Code of Civil Procedure, in order to obtain legal guardianship of children. In accordance with the provisions of the Personal Laws and Guardians and Wards Act, against which an appeal is permissible, the court will render a decision based on the well-being of the children after reviewing the application. For instance, if the court is convinced that the parents are qualified to assume responsibility for the child, the decision will be in their favor, and if the decision was against them, an appeal can be filed with the District Judge Court.
Limitation on guardians applying for guardianship:
The Act requires one of the parents seeking adoption or guardianship to be a Bangladeshi citizen or holder of dual citizenship, i.e. an American who is also a Bangladeshi citizen. Therefore, foreigners are unable to apply for adoption or legal guardianship in Bangladesh.
Rights of children pertaining to property:
The Guardians and Wards Act of 1890 has a significant impact on the guardianship of minors. Following the Guardians and Wards Act of 1890, a child or person under guardianship does not have the same rights, such as inheriting property, as biological children. However, if the guardian gifts a property to the person under guardianship prior to their death, that person can inherit the property.
Procedures for acquiring legal custody of a child in Bangladesh:
In Bangladesh, the following procedures must be followed to obtain adoption or legal guardianship:
If the prospective adoptive parents reside abroad, they must obtain permission from the relevant authority of the child’s country of residence.
Prospective adoptive parents must seek out individuals, organizations, or institutions, such as orphanages, NGOs, shelters, etc., and make contact with them in order to obtain the necessary documents regarding the anticipated adoptee child for the guardianship process, so that no legal issues regarding guardianship or adoption arise in the future.
The third step involves petitioning the family court for legal guardianship and submitting the necessary paperwork.
Example: Child’s birth certificate, irrevocable release of the adoptee minor signed by the biological parents before a Notary Public, Magistrate, or the relevant Family Court in Bangladesh, proof that one of the parents is a Bangladeshi citizen, and proof that the foreign documents submitted are of the utmost authenticity.
After the court’s decision, the guardians of the child must obtain the child’s post-guardianship birth certificate, which will indicate that the prospective legal guardians are now the child’s valid legal guardians.
Consequently, if the parents wish to take the child outside of Bangladesh, they must obtain a no objection certificate (NOC) from the Ministry of Home Affairs. Upon application, the concerned ministry will conduct a thorough investigation into the matter at hand and, if satisfied, will issue the NOC.
The guardians must now submit all the required documents, i.e. form, NOC, etc., either online or in hard copy, in order to obtain the child’s passport and take him or her out of the country.
Following this, all required medical evaluations, including tests, vaccinations, etc., must be carried out in order to obtain a visa.
Finally, all adoption-related formalities must be completed in accordance with the law of the adoptive parents’ country of residence in accordance with that country’s adoption law in order for the adoption of the child to be legally valid in that country.
FAQ about adoption process in Bangladesh:
|What is adoption?
|Adoption is a legal process in which a child becomes the legal child of a person or couple who are not their biological parents.
|What are the eligibility requirements for adoption in Bangladesh?
|Prospective adoptive parents must be at least 25 years old, financially stable, and have a clean criminal record. Married couples must have been married for at least five years.
|What types of children are available for adoption in Bangladesh?
|Children who are available for adoption in Bangladesh include abandoned, surrendered, or orphaned children.
|How is the adoption process initiated?
|The adoption process is initiated by submitting an application to the Department of Social Services or an authorized agency.
|What is the role of the court in the adoption process?
|The court plays a critical role in the adoption process. The court will review the adoptive parents’ application and conduct an investigation to determine whether the adoption is in the best interests of the child.
|What factors does the court consider when making a decision about adoption?
|The court will consider factors such as the welfare of the child, the suitability of the adoptive parents, and the wishes of the child (if they are able to express their wishes).
|How long does the adoption process take?
|The adoption process can take several months or even years to complete, depending on the circumstances.
|Can foreign nationals adopt children in Bangladesh?
|Yes, foreign nationals can adopt children in Bangladesh, but they must follow the same legal process as Bangladeshi citizens.
|Is it possible to adopt a child without going through the legal process?
|No, it is illegal to take a child into one’s care without going through the legal adoption process in Bangladesh.
|What are the legal rights and responsibilities of adoptive parents?
|Adoptive parents have the same legal rights and responsibilities as biological parents, including the right to make decisions on behalf of the child and the responsibility to provide for the child’s basic needs and well-being.
Hire the best law firm in Bangladesh to secure your legal guardianship or adoption in Bangladesh:
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They have a deep understanding of the complex legal procedures and regulations involved in obtaining Legal Guardianship in Bangladesh and are dedicated to providing their clients with the highest quality legal services. Moreover, they maintain a high level of professionalism and integrity, ensuring that their clients receive honest and ethical advice. Tahnidur Rahman Remura Wahid has a proven track record of success in representing clients in Legal Guardianship cases, making them an ideal choice for anyone seeking legal guardianship services in Bangladesh.
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