Procedures for Adoption

General Information

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. 

Please note:  Actual adoption of children is not permitted under Bangladesh law.  However, Bangladesh law does permit its own citizens to apply for guardianship of children.  At that time, a U.S.-Bangladeshi dual citizen who has obtained guardianship of a Bangladeshi child could apply for an immigrant visa for that child to go to the U.S.  Under  Bangladesh law, the 1982 Guardianship and Wards Amendments Ordinances prohibit granting guardianship of Bangladeshi children to non-Bangladeshi parents.  Further, these restrictions have limited adoption of Bangladeshi children to only a few each year. 

The process of obtaining guardianship of a child in Bangladesh and applying for an immigrant visa for that child involves complex Bangladesh and U.S. legal requirements.  U.S. Consular Officials in Bangladesh 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 parents, and the child. 

Interested U.S.-Bangladeshi dual 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.  Simply obtaining legal guardianship under Bangladesh law does not guarantee the child will qualify for a U.S. visa.

Adoption – The Immigration Visa Process  

Once guardianship of a Bangladesh child has been obtained, a petition (I-600A) must be filed with the Bureau of Citizenship and Immigration Services (BCIS), part of the Department of Homeland Security.  Once the I-600A petition has been approved, both parents must appear in person at the Consular Section of the U.S. Embassy, Dhaka to file a second petition (I-600).  Only when the I-600 petition has been approved he applicants can be scheduled for an Immigration Visa interview. 

The I-600A petition can be found at: http://uscis.gov/graphics/formsfee/forms/i-600a.htm 
The I-600 petition can be found at:  http://uscis.gov/graphics/formsfee/forms/i-600.htm 
The normal processing day for I-600 petitions at the U.S. Embassy, Dhaka is Thursdays.

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

The Bangladesh government does not approve adoption agencies or attorneys.  The US 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.

U.S. Immigration Requirements  

A Bangladesh child adopted by a US-Bangladesh dual citizen must obtain an immigrant visa before he or she can enter the US 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 16 (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) and who has already resided with, and in the legal custody of, the adoptive parent for at least two years.  American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Dhaka for more information.

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;
  
• 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 US regulations.
   

Orphan Investigations 

One part of the petition process that INS 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 US immigration law.  This investigation is performed by a Consular Officer at the time of the child’s immigrant visa interview.
 

For More Information, please consult the following sources: 

U.S. Embassy in Bangladesh:

U.S. Embassy, Dhaka

Madani Avenue, Baridhara
Dhaka-1212, Bangladesh
(880) 2-885-5500
Email:  DhakaAdoptions@state.gov 

Bangladesh Embassy and Consulates in the US:

Embassy of the People’s Republic of Bangladesh
3510 International Drive, NW
Washington, DC
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 

By Telephone: 

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 may also be helpful for more information on types of visas, entry procedures and consular services: 

 

• US Citizenship and Immigration Services – http://uscis.gov/graphics/services/index2.htm 
  

• The Visa Bulletin – http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html 
  

• The US Visa Website – http://unitedstatesvisas.gov 
  

Department of State Immigration and Registration Website –

http://usinfo.state.gov/regional/nea/sasia/ins/