Ready to adopt a child? Understand Bangladesh’s legal and emotional journey
The journey often begins with a longing to build or expand a family, intertwined with the desire to offer a loving home to a child in need. As they navigate the emotional terrain, adoptive parents must battle with uncertainties — wondering if they will be fully accepted by their child, how they will explain adoption to their growing little one, and whether society will ever see their love as equal to that of a biological connection.
The psychology is often a complex blend of hope, vulnerability, and profound commitment. From the moment parents decide to adopt, they embark on a journey that requires them to confront deep-seated emotions, expectations, and sometimes fears about their own ability to form a bond with a child.
For all latest news, follow The Daily Star's Google News channel. We spoke to Afrin Ahmed, an advocate at the Supreme Court, to understand the legal framework and social perspectives surrounding adoption in Bangladesh. Her insights, rooted in both law and lived realities, help unpack what prospective parents must truly consider — from motivation to legal guardianship and social acceptance.
What are the key factors parents should consider before adopting a baby?
First, they should reflect on their motivations for adopting, ensuring they have a genuine desire to provide a loving home rather than just seeking fulfilment of their own needs. Understanding the emotional, physical, and financial responsibilities of parenting is crucial, as adoption can come with its own unique challenges.
Prospective parents should also familiarise themselves with the legal requirements and processes involved in adoption. Additionally, they should assess their support system, including family and friends, to determine if they have a network that can offer encouragement throughout the process.
Another important factor is the readiness to address potential issues related to the child's background, including any trauma they may have experienced prior to adoption. This requires parents to be open to learning about attachment issues, identity development, and the importance of maintaining connections to the child's cultural or biological heritage.
Finally, parents should evaluate their ability to provide a stable and nurturing environment, considering factors such as their emotional health, financial stability, and overall readiness to welcome a new child into their lives. By thoughtfully considering these factors, they can better prepare themselves for the profound and rewarding journey of adoption.
How is guardianship different from adoption under Bangladeshi law?
The legal framework in Bangladesh varies for each religious community, and a common cultural bias often favours adopting boys over girls, rooted in societal norms that prioritise sons for their perceived roles in continuing the family line and providing economic support.
For Muslims in Bangladesh, formal adoption is not recognised under Islamic law, and instead, the Guardians and Wards Act of 1890 is followed, where a person can be appointed as a legal guardian of the child.
In the Hindu community, adoption is regulated under the Hindu Adoptions and Maintenance Act (HAMA). Here, there are specific gender-based rules — families can adopt a boy if they do not already have a son. Similarly, they can adopt a girl only if they do not already have a daughter.
For Buddhists and Christians in Bangladesh, like Muslims, the adoption process also generally follows the Guardians and Wards Act of 1890, as there is no separate legal framework specifically addressing adoption.
Other stipulations include — the child must be a minor, defined as someone under the age of 18, to be eligible for guardianship. The focus is on placing children in need of care, such as orphans or those without proper parental support, under the guardianship of individuals who can provide a stable, nurturing environment.
The process requires court approval, where the judge evaluates the suitability of the prospective guardian based on factors like their financial stability, moral character, and ability to meet the child's needs.
The child's background may also be taken into account to ensure compatibility with the guardian's faith. Guardianship does not automatically grant the child inheritance rights or a change in surname, so guardians often need to make additional legal arrangements to secure the child's future rights. These requirements aim to prioritise the welfare of the child while adhering to the cultural and religious norms of Bangladesh.
What adjustments should parents be ready for when bringing an adopted baby into the family?
Parents who bring an adopted baby into their family should be prepared for significant emotional and lifestyle adjustments. Initially, the child might experience stress or discomfort while adapting to a new environment, especially if coming from an institutional setting. It's important for parents to be patient and provide a stable and nurturing environment to help the child bond with the family.
They should also be ready to address any questions or concerns from friends and relatives and to approach these conversations with sensitivity and openness. As the child grows, parents should be prepared to explain the concept of adoption in a way that is age-appropriate and positive, fostering a sense of belonging and self-worth in the child.
Adoptive parents often face societal stigma, as the culture highly values biological lineage, leading to judgment and intrusive questions from their community. This can be emotionally taxing, alongside challenges in bonding with their adopted child, especially if the child has experienced trauma.
Parents may also fear not being fully accepted by their child or worry about the child's desire to seek their biological family in the future.
To overcome these issues, adoptive parents can focus on building a supportive network, educating those around them about adoption, practising empathetic parenting, and fostering open communication to strengthen their bond and create a loving environment for their child.
What role does the extended family play in supporting the adoption process, and how can parents prepare them?
The initial responses from extended family members can range widely, often influenced by traditional beliefs surrounding family and kinship. To foster a supportive atmosphere, adoptive parents must engage their relatives through open and honest communication. By sharing their motivations for adopting, emphasising the deep love and commitment behind their decision, and addressing any misconceptions, parents can help relatives understand the beauty of the adoption journey.
Creating opportunities for family gatherings and encouraging participation in the child's life can further strengthen these bonds, transforming any initial hesitations into a chorus of support. In doing so, parents not only help their extended family embrace the child but also create a loving atmosphere that envelops the new family unit, fostering a profound sense of connection and belonging for everyone involved.
How can adoptive parents help their child navigate societal perceptions or potential stigma related to adoption?
By initiating honest conversations about adoption from an early age, parents can empower their child to understand and embrace their unique story, allowing them to articulate their feelings and experiences with confidence.
It is essential for parents to validate their child's emotions, reassuring them that any questions or concerns they may encounter in society are normal and that they are not alone in this journey. Encouraging the child to connect with supportive communities — such as adoption support groups or friendships with other adopted children — can further reinforce their sense of belonging.
Additionally, parents can model resilience by addressing stigma head-on, sharing positive narratives about adoption, and highlighting the love and commitment that define their family. Through this proactive approach, adoptive parents can equip their child with the tools to face societal challenges, fostering a strong sense of identity and self-worth that transcends societal perceptions.
Adoption is a journey of the heart, but one that demands legal clarity, emotional resilience, and social courage. With thoughtful preparation and the right support, Bangladeshi parents can redefine what it means to build a family — one grounded not in blood, but in boundless love.
The interviewee is an advocate at the Supreme Court of Bangladesh and a managing partner at L.A.W — Legal and Arbitration Wizards. She is also a partner at Jural Acuity.
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