Recent findings of children being sought or traded for money, both online and offline, highlight a significant gap in Bangladesh’s legal system: the lack of a comprehensive civil adoption law. An investigation by Prothom Alo uncovered Facebook groups where children were being offered, sought, and even negotiated for substantial amounts of money. Out of the 288 posts analyzed, 63 were offering children and 34 were seeking them, with some involving newborns or pregnant women and discussions mentioning substantial payments. Additionally, a separate inquiry in Kishoreganj revealed allegations that five children from the same village had been sold by their parents in the past six years, often due to poverty and parental drug addiction.
These reports do not imply that every informal child transfer is criminal, nor should it be assumed that every missing child has been trafficked or sold. However, they do underscore the fact that children are being moved between families without a clear, consistent, and accountable legal framework. Presently, Bangladesh lacks a comprehensive adoption law that applies to all citizens, with adoption mostly governed by personal and religious laws, and guardianship primarily regulated by the Guardians and Wards Act, 1890. Although the Children Act, 2013 offers mechanisms for alternative care, it does not equate guardianship with adoption.
Guardianship involves the responsibility and authority over a child, while adoption, when legally recognized, establishes a permanent parent-child relationship, raising broader questions regarding parentage, identity, birth records, inheritance, consent, and long-term legal status. The absence of clear guidelines leads to uncertainties such as who can lawfully arrange a child’s permanent placement, how to establish informed consent from biological parents, what safeguards are in place against coercion or financial incentives influencing consent, who evaluates prospective parents, who maintains the child’s original records, and who ensures the arrangement is in the child’s best interest.
A modern child protection system should address these concerns. When formal channels are unclear, informal methods step in to fill the void, including social media groups, private intermediaries, personal connections, and informal agreements. However, this informal setup blurs the line between finding a family for a child and finding a child for a family, emphasizing the critical need for a regulated civil adoption framework to safeguard children’s safety and well-being.
While any reforms should prioritize preventing poverty from being a reason to separate children from their families permanently, there are situations where children cannot remain with their biological parents, relatives, or have been abandoned. In such cases, Bangladesh needs a credible legal solution that does not default to institutional care due to the lack of family-based alternatives. A civil adoption framework can coexist with religious and personal laws, allowing individuals to follow their faith-based rules while also opting for a regulated civil arrangement.
An effective adoption law should establish a central authority for adoptions and permanent placements, require judicial or independent approval, mandate assessments of prospective parents, outline procedures for informed parental consent, prohibit child sale or unlicensed intermediaries, maintain accurate birth records, offer post-placement supervision, and address legal aspects like parentage, maintenance, nationality, inheritance, and the child’s right to access information about their biological origins. Every placement should leave a transparent legal and administrative trail to ensure accountability.
Children are not commodities to be transferred through contracts. The focus of an adoption law should prioritize a child’s best interests, protection, stability, and family life, rather than an adult’s desire to have a child. Bangladesh already has laws on trafficking, child protection, and guardianship, but a coherent system for regulating permanent family placements is lacking, leaving all parties vulnerable. A well-crafted law can clarify decision-making concerning children, establish safeguards against abuse, ensure accountability, and provide a lawful avenue for well-intentioned families.
Addressing the legal vacuum is vital, as it goes beyond shutting down individual Facebook groups or prosecuting specific intermediaries. Legal certainty is crucial for children, determining their family, identity, rights, upbringing, and even whether the state can locate them. Just as the law has adapted to protect vulnerable elderly individuals, it must evolve to safeguard children who are in more precarious situations.
