Question:
What are the rules of child adoption in Bangladesh? I would like to take responsibility for the education of one or two children. Do they have to be legally adopted for this? And in this case, do I need my husband’s permission? Note that I have a daughter of my own.
Answer:
In Bangladesh, the process of adopting a child is regulated by both Islamic law (for Muslim families) and secular law (for non-Muslims) under the The Hindu Adoption and Maintenance Act, 1956 and the Guardianship and Wards Act, 1890. However, if you want to assume legal responsibility for the education of one or two children, you need to understand a few key aspects.
1. Legal Adoption vs. Guardianship:
- Legal Adoption: In Bangladesh, adoption involves a legal process where a child is formally taken into a family and treated as a biological child. This process provides the child with legal rights, such as inheritance. If you want the child to be legally part of your family, you need to adopt them through the legal process.
- Guardianship: If you only wish to take educational responsibility for the child but not legally adopt them, you may need to apply for guardianship. Guardianship grants you the authority to make decisions regarding the child’s education, but the child will still remain legally under the care of their biological parents.
2. Requirements for Adoption:
- Adoption Process: If you choose to adopt the child, you must follow the legal adoption procedures. In most cases, you will need to apply to the Family Court or a specialized adoption authority.
- Consent of the Biological Parents: You will need the consent of the child’s biological parents or legal guardians to proceed with the adoption. If the child is abandoned or orphaned, the court will make the decision regarding the adoption.
3. Permission of the Husband:
- Yes, if you are married, you will need your husband’s consent for adopting a child. This is because both spouses are required to consent to the adoption process under the law.
- The consent of your husband is crucial whether you are adopting legally or assuming guardianship, as he would also be part of the child’s future decisions and responsibilities.
4. Adoption of Multiple Children:
- You can legally adopt one or more children as long as the adoption complies with the legal requirements.
- In case you are planning to sponsor the education of multiple children, and not adopt them legally, you may explore guardianship as a more practical route.
5. Other Considerations:
- If your goal is only to take responsibility for the education of one or more children, adoption may not be necessary. Guardianship can give you the legal right to make educational decisions.
- It is important to remember that legal adoption can have implications for inheritance rights and custody issues, so it is advisable to consult with a lawyer to understand the full legal implications of adoption or guardianship in your situation.