§ 1052. Adoption expenses: reimbursement
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/usc/title-10/section-1052A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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).
(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.)
Connections15 cite this · traces to 4
Cited by 15 sections · top 9
U.S. Code
statutes-at-large
- Public Law 100–370To amend title 10, United States Code, to codify in that title certain defense-related permanent free-standing provisions of law
- Public Law 99–661To authorize appropriations for fiscal year 1987 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, to improve the defense acquisition pro
- Public Law 102–484To authorize appropriations for fiscal year 1993 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, to provide for defense conversion, and
- Public Law 102–190To authorize appropriations for fiscal years 1992 and 1993 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal years for the Armed Forces, and for other purposes
Traces to 4 documents
U.S. Code
- Adoption and guardianship assistance program§ 673
- Children born outside the United States and lawfully admitted for permanent residence; conditions under which citizenship automatically acquired§ 1431
- Children born and residing outside the United States; conditions for acquiring certificate of citizenship§ 1433
- Use of commissary stores and MWR retail facilities: members of reserve components and reserve retirees under age 60§ 1063
23 references not yet in our index
- Pub. L. 102–190, div. A, title VI, § 651(a)(1)
- 105 Stat. 1385
- Pub. L. 102–484, div. A, title X, § 1052(12)
- 106 Stat. 2499
- Pub. L. 104–201, div. A, title VI, § 652(a)
- 110 Stat. 2582
- Pub. L. 106–398, § 1 [[div. A]
- 114 Stat. 1654
- Pub. L. 108–375, div. A, title VI, § 661
- 118 Stat. 1974
- Pub. L. 109–163, div. A, title V, § 592(a)
- 119 Stat. 3280
- Pub. L. 109–163
- Pub. L. 108–375
- Pub. L. 106–398
- Pub. L. 104–201, § 652(a)(1)
- Pub. L. 104–201, § 652(a)(2)
- Pub. L. 102–484
- Pub. L. 102–190, div. A, title VI, § 651(c)
- 105 Stat. 1387
- section 514 of Title 14
- Pub. L. 102–484, div. A, title VI, § 652
- 106 Stat. 2426
Citation graph
cites case law
§ 1052
Adoption expenses: reimbursement
Fed. Reg.×6
Stat.×5
U.S.C.×4
Pub. L.Pub. L. 102–190, div. A, title VI, § 651(a)(1)
Stat.105 Stat. 1385
Pub. L.Pub. L. 102–484, div. A, title X, § 1052(12)
Stat.106 Stat. 2499
Pub. L.Pub. L. 104–201, div. A, title VI, § 652(a)
Cites 27 · showing 9Cited by 15 across 3 sources