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Orphaned children need attention on adoption law

Barrister Zahid Rahman || risingbd.com

Published: 12:25, 28 October 2021  
Orphaned children need attention on adoption law

 Adoption is usually viewed positively by society and has many benefits like loving families that take care of and lift their adopted children as if they were their own and giving them opportunities for better lives.

As per the record, there are more than 4.4 million orphaned children in Bangladesh. Adoption can provide a favorable home to those children. Adoption generally refers to requiring and lifting another person's child into your family.

Inability to possess children, infertility, and desire to assist a baby are a number of the reasons behind adoption. The emergence of adoption may protect the child from growing up with the stigma it will have to face due to its birth situation, but it seems that was the most amount to shield the mother and birth family the utmost amount because it absolutely was about the child.

According to the Shariah law, one can raise a baby by not changing the adoptee's natural status. The adoptee incorporates a personal need to know where they came from, to know the circumstances of the adoption, or oftentimes the kid will age feeling abandoned and can always feel inadequate.

Children and also the adoptive parents both should follow in accordance with the limitations designated by Shariah. Since Islam doesn't recognize any change within the adopted child's birthrights, adoption may be applied for all times without disrupting birthright. After all, the adoptive parents can devise one-third of their total property to the adopted child.

In Bangladesh, Hindu communities are able to adopt sons in accordance with the limitations designated by Hindu law. Hindu Law doesn't make a variance between a natural son and an adopted son within the matter of legacy.

On adoption ties of the son together with his old family are severed and he's taken as being born within the new family, acquiring rights, duties, and standing within the new family and his ties with old family end there as if he born within the adopted family

Considering the family law in Bangladesh is ruled by religion. In that case, Muslims cannot legally adopt but be granted guardianship under the Act, 2013.

This law doesn't give the rights of an adopted child to inherit assets. Under the Guardians and Wards Act 1890 (Section 7), most guardianship applications are filed. Adopted children don't share the identical rights as biological children under this guardianship act. It's time to rectify the act. But some experts feel that sanctioning a new law on adoption would be in discord with the Muslim Shariah.

In Somalia, Indonesia, Tunisia, Turkey, and Malaysia adoption is legal. These four countries have departed from Shariah principles in terms of their respective adoption laws as Malaysia.

In keeping with legislative addition to the Turkish Civil Code, the interested adoptive parents are taking financial responsibilities for the education and health of the child for a year before the finalization of the adoption. This enables the government to verify that it is in the best interests of the child.

Considering the difficulties under the Guardianship and Ward Act, 1890, an adoption law should be approved with a detailed outline of the rights and responsibilities of the adoptive parents in Bangladesh.