§1052 — Title 10 Armed Forces | U.S. Code

Summary

Pays service members back for certain adoption costs when they adopt a child under 18. The Department of Defense runs the program. Payments happen only after the adoption is final. The program covers single parents, infant adoptions, intercountry adoptions, and adoptions of children with special needs. It will not pay for costs already paid by other federal, state, or local adoption programs. A member (or two members who are spouses) can get up to $2,000 per adoption, and up to $5,000 total in a calendar year. The Secretary of Defense must write rules for the program. "Qualifying adoption expenses" are reasonable, necessary costs directly tied to a legal adoption arranged by a qualified agency or other state-authorized source. Travel costs and adoptions done illegally are not covered. Covered costs can include agency and placement fees (including foreign agency fees and counseling), certain legal fees, and medical bills for the birth mother and newborn. Qualified agencies include state or local child-placement agencies, authorized nonprofit agencies, court-supervised state sources, and foreign agencies when the child is eligible for U.S. citizenship under INA section 320 or has a certificate under INA section 322.

Title 10, §1052

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of Defense shall carry out a program under which a member of the armed forces may be reimbursed, as provided in this section, for qualifying adoption expenses incurred by the member in the adoption of a child under 18 years of age.

(b)An adoption for which expenses may be reimbursed under this section includes an adoption by a single person, an infant adoption, an intercountry adoption, and an adoption of a child with special needs (as defined in section 473(c) of the Social Security Act (42 U.S.C. 673(c))).

(c)Benefits paid under this section in the case of an adoption may be paid only after the adoption is final.

(d)A benefit may not be paid under this section for any expense paid to or for a member of the armed forces under any other adoption benefits program administered by the Federal Government or under any such program administered by a State or local government.

(e)(1)Not more than $2,000 may be paid under this section to a member of the armed forces, or to two such members who are spouses of each other, for expenses incurred in the adoption of a child.

(2)Not more than $5,000 may be paid under this section to a member of the armed forces, or to two such members who are spouses of each other, for adoptions by such member (or members) in any calendar year.

(f)The Secretary of Defense shall prescribe regulations to carry out this section.

(g)In this section:

(1)The term “qualifying adoption expenses” means reasonable and necessary expenses that are directly related to the legal adoption of a child under 18 years of age, but only if such adoption is arranged by a qualified adoption agency or other source authorized to place children for adoption under State or local law. Such term does not include any expense incurred—

(A)by an adopting parent for travel; or

(B)in connection with an adoption arranged in violation of Federal, State, or local law.

(2)The term “reasonable and necessary expenses” includes—

(A)public and private agency fees, including adoption fees charged by an agency in a foreign country;

(B)placement fees, including fees charged adoptive parents for counseling;

(C)legal fees (including court costs) in connection with services that are unavailable to a member of the armed forces under section 1044 or 1044a of this title; and

(D)medical expenses, including hospital expenses of the biological mother of the child to be adopted and of a newborn infant to be adopted.

(3)The term “qualified adoption agency” means any of the following:

(A)A State or local government agency which has responsibility under State or local law for child placement through adoption.

(B)A nonprofit, voluntary adoption agency which is authorized by State or local law to place children for adoption.

(C)Any other source authorized by a State to provide adoption placement if the adoption is supervised by a court under State or local law.

(D)A foreign government or an agency authorized by a foreign government to place children for adoption, in any case in which—

(i)the adopted child is entitled to automatic citizenship under section 320 of the Immigration and Nationality Act (8 U.S.C. 1431); or

(ii)a certificate of citizenship has been issued for such child under section 322 of that Act (8 U.S.C. 1433).

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1052 was renumbered section 1063 of this title and subsequently repealed.

Amendments

2006—Subsec. (g)(1). Pub. L. 109–163 inserted “or other source authorized to place children for adoption under State or local law” after “qualified adoption agency” in introductory provisions. 2004—Subsec. (g)(3)(D). Pub. L. 108–375 added subpar. (D). 2000—Pub. L. 106–398 substituted “Adoption expenses: reimbursement” for “Reimbursement for adoption expenses” in section catchline. 1996—Subsec. (g)(1). Pub. L. 104–201, § 652(a)(1), substituted “qualified adoption agency.” for “State or local government agency which has responsibility under State or local law for child placement through adoption or by a nonprofit, voluntary adoption agency which is authorized by State or local law to place children for adoption.” Subsec. (g)(3). Pub. L. 104–201, § 652(a)(2), added par. (3). 1992—Subsec. (b). Pub. L. 102–484 inserted close parenthesis before period at end.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 102–190, div. A, title VI, § 651(c), Dec. 5, 1991, 105 Stat. 1387, provided that: “The

Amendments

made by subsections (a) and (b) [enacting this section and section 514 of Title 14, Coast Guard] shall take effect on the date of the enactment of this Act [Dec. 5, 1991] and shall apply to adoptions completed on or after that date.” Reimbursement for Adoptions Completed During Period Between Test and Permanent Program Pub. L. 102–484, div. A, title VI, § 652, Oct. 23, 1992, 106 Stat. 2426, provided that this section and section 514 (now 2903) of Title 14, Coast Guard, would apply with respect to the reimbursement of adoption expenses incurred for an adoption proceeding completed during the period beginning on Oct. 1, 1990, and ending on Dec. 4, 1991, to the extent that such expenses would have been covered if the proceeding had been completed after Dec. 4, 1991, but only if an application for such reimbursement had been made within one year after Oct. 23, 1992.

§1052 Adoption Expenses: Reimbursement

Summary

Title 10, §1052

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata