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10 U.S.C. § 1052 — Adoption expenses: reimbursement

submitted 35 years ago by Pub. L. 102-190 to r/title-10-ARMED-FORCES · 597 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Defense must run a program reimbursing qualifying adoption expenses for armed-forces members. The section lists covered adoptions, limits, exclusions, and qualifying expenses and agencies.

(a) The Secretary of Defense must run a program that may reimburse an armed-forces member for qualifying expenses incurred adopting a child under 18.
(b) Covered adoptions include adoption by one person, infant adoption, intercountry adoption, and adoption of a child with special needs. This section does not define “special needs”; it refers to 42 U.S.C. 673(c).
(c) Payment may occur only after the adoption is final.
(d) No payment may cover an expense paid under another Federal, State, or local adoption-benefits program.
(e)(1) No more than $2,000 may be paid for one child’s adoption to one member or to two spouses who are members. (2) No more than $5,000 may be paid in one calendar year for adoptions by that member or those spouses.
(f) The Secretary must issue regulations.
(g)(1) “Qualifying adoption expenses” means reasonable and necessary expenses directly related to legally adopting a child under 18, if a qualified adoption agency or other source authorized by State or local law arranged the adoption. It excludes the adopting parent’s travel expenses and expenses connected with an adoption violating Federal, State, or local law.
(2) “Reasonable and necessary expenses” includes public or private agency fees (including foreign-agency fees), placement and adoptive-parent counseling fees, legal fees and court costs for services unavailable under 10 U.S.C. 1044 or 1044a, and medical expenses including hospital expenses of the biological mother and newborn infant.
(3) “Qualified adoption agency” means (A) a State or local agency responsible under its law for adoption placement; (B) a nonprofit voluntary agency authorized by State or local law; (C) another State-authorized placement source when a court supervises the adoption; or (D) a foreign government or its authorized agency when (i) the child automatically qualifies for citizenship under 8 U.S.C. 1431 or (ii) the child has a citizenship certificate under 8 U.S.C. 1433.

the actual law source: uscode.house.gov ↗public domain
(a)Authorization To Reimburse.—

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)Adoptions Covered.—

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 After Adoption Is Final.—

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

(d)Treatment of Other Benefits.—

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)Limitations.—
(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)Regulations.—

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

(g)Definitions.—

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).

Source credit: (Added Pub. L. 102–190, div. A, title VI, § 651(a)(1), Dec. 5, 1991, 105 Stat. 1385; amended Pub. L. 102–484, div. A, title X, § 1052(12), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 104–201, div. A, title VI, § 652(a), Sept. 23, 1996, 110 Stat. 2582; Pub. L. 106–398, § 1 [[div. A], title V, § 579(c)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–141; Pub. L. 108–375, div. A, title VI, § 661, Oct. 28, 2004, 118 Stat. 1974; Pub. L. 109–163, div. A, title V, § 592(a), Jan. 6, 2006, 119 Stat. 3280.)

history & why it existsrecord from the source credit
  • 1991Enacted · Pub. L. 102-190 · 105 Stat. 1385
  • 1992Amended · Pub. L. 102-484 · 106 Stat. 2499
  • 1996Amended · Pub. L. 104-201 · 110 Stat. 2582
  • 2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
  • 2004Amended · Pub. L. 108-375 · 118 Stat. 1974
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3280

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-190 on 1991-12-05.

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