I have written this book to address the issue of not having any law that legalises adoption in Bangladesh and the drawbacks regarding this matter. I have been working in the Bangladesh Judiciary for over a decade,mostly dealing with civil cases. In my career as a Senior Assistant judge in District and Sessions Judge Court Dhaka,I have heard numerous family related cases,which also include Legal Guardianship cases. This is the alternative to legal adoption which can also be termed as ‘Informal Adoption’. In respect of different faith,Muslim Shariah Law does not permit adoption,whereas adoption is valid under Hindu and Christian laws. Consequently,I have noticed the fact that there is no specific statute in Bangladesh Legal System legalizing adoption which creates a lot of difficulties for every citizen of Bangladesh irrespective of their religion. However,the lack of a statutory law does not allow the members of any community to legally adopt a child in Bangladesh. As a result,people are forced to take alternative route,that is to file petition in a family court for Legal Guardianship of the minor under the Guardianship and Wards Act,1890 Legal Guardianship which can also be termed as informal adoption and a minor (if he is a boy till his 18 years of age and if she is a girl,until she is married) could be given in legal custody as well as Legal guardianship; no adult could be given in legal custody under this Act. And at the same time Legal guardianship does not confer any legal rights such as right of inheritance.
