Adoption
Military Adoption Help: DoD Reimbursement and the VA
Two federal programs can repay part of the cost of adopting a child for military families. Service members can claim a Department of Defense reimbursement under 10 U.S.C. § 1052. A narrower Department of Veterans Affairs reimbursement under 38 C.F.R. § 17.390 covers certain veterans. Neither pays the whole cost, and both pay only after the adoption is final.
For the overview, see our guide to Virginia adoption law and procedure.
DoD adoption reimbursement for service members
Under 10 U.S.C. § 1052, the Secretary of Defense runs a program that reimburses members of the armed forces for qualifying expenses of adopting a child under 18. The law names adoptions by a single person, infant adoptions, intercountry adoptions and adoptions of children with special needs as covered.
The limits are set in the statute. No more than $2,000 may be paid per child, and no more than $5,000 per calendar year when a service member finalizes more than one adoption. When both spouses are service members, those limits apply to the couple together. Benefits “may be paid only after the adoption is final.”
Which adoption expenses count
The statute covers reasonable and necessary expenses directly related to the legal adoption. They include public and private agency fees, including foreign agency fees, placement fees such as counseling charged to adoptive parents, legal fees and court costs, and medical expenses, including hospital costs for the birth mother and the newborn.
Several exclusions matter in practice. Travel by the adopting parents is not covered. Legal fees count only for services the member could not get through military legal assistance under 10 U.S.C. § 1044, so ask the installation legal assistance office what it can do before hiring outside help. Expenses for an adoption arranged in violation of federal, state or local law are excluded.
The adoption must be arranged by a qualified adoption agency or another source authorized to place children for adoption under state or local law. In Virginia, Va. Code § 63.2-1200 lists who may place a child for adoption. For an intercountry adoption, a foreign government or authorized foreign agency counts only if the child is entitled to automatic U.S. citizenship under section 320 of the Immigration and Nationality Act or has received a certificate of citizenship under section 322. The Defense Finance and Accounting Service (DFAS) decides whether a particular claim qualifies.
No double payment from other programs
Section 1052(d) bars DoD reimbursement for any expense already paid under another federal, state or local adoption benefits program. Keep receipts and records of any other assistance so the claim shows which costs remain unpaid.
Who can claim and how to file
Military OneSource, an official Department of Defense resource, now calls the program “War Department Adoption Reimbursement” and refers to “DOW Instruction 1341.09.” The statute itself still assigns the program to the Secretary of Defense, and both names describe the same reimbursement.
According to Military OneSource, service members on active duty may be eligible, and so may reserve or National Guard members who are called to active duty for 180 or more consecutive days. The adoption must be of a child under 18 years of age.
To claim, complete DD Form 2675, Reimbursement Request for Adoption Expenses, and send it with supporting documentation to the Defense Finance and Accounting Service. Military OneSource states that reimbursement “must be requested no later than two years after an adoption is finalized.” Rules can change, so check the current instruction and form before filing.
Does the VA help with adoptions?
For most veterans, no direct VA adoption payment exists. The exception is 38 C.F.R. § 17.390, which lets a “covered veteran” request reimbursement of qualifying adoption expenses for a child under 18. A covered veteran is one with a service-connected disability that leaves the veteran unable to have children without fertility treatment. A disability rating for some other condition does not, on its own, make a veteran a covered veteran.
The limits mirror the DoD program: up to $2,000 per adopted child and $5,000 per calendar year, and a married couple who are both covered veterans shares those limits. The adoption must have become final after September 29, 2016. The request must be made within two years after the adoption is final, or, for a child adopted from abroad, within two years after the certificate of U.S. citizenship is issued. Travel, clothing, bedding, toys and books are excluded, as are costs already paid by another adoption benefits program.
An adopted child can also count as the veteran's child for other VA benefits. Under 38 C.F.R. § 3.57, the term includes a child legally adopted before age 18. Whether adding the child changes a payment depends on the benefit involved.
Finalizing the adoption in Virginia
Both reimbursements depend on a final adoption. For a Virginia adoption, that means a final order from a circuit court. The petition rules are in Va. Code § 63.2-1201, and the steps depend on whether the placement is by an agency, a parent or a close relative.
A move between duty stations does not change the requirement for a final order. Keep copies of the final order, the placement agreement, itemized invoices and proof of payment, since the reimbursement claim relies on them. This website does not file claims or decide eligibility. Confirm current rules with DFAS, your service's family support office or the VA before acting.
Read the legal sources
Checked for this guide on . Read the current source and case-specific instructions before acting.
- 10 U.S.C. § 1052: adoption expenses reimbursement
- Military OneSource: War Department Adoption Reimbursement
- DD Form 2675: reimbursement request for adoption expenses
- DFAS: adoption reimbursement
- Instruction 1341.09: adoption reimbursement policy (PDF)
- 38 C.F.R. § 17.390: VA reimbursement of adoption expenses
- 38 C.F.R. § 3.57: definition of child for VA benefits
- Va. Code § 63.2-1200: who may place children for adoption
- Va. Code § 63.2-1201: filing an adoption petition
Related guides
- Adult Adoption in Virginia: Who Qualifies Under § 63.2-1243
- Who Can Adopt in Virginia: Age, Marriage and Home Study
- Adoption Placement in Virginia: Agency, Parental, Relative
Related reading: stepparent adoption in Virginia and adoption placement types in Virginia.
For the wider picture, read the Virginia adoption overview.
Browse all practical Virginia family-law guides. For broader context, explore our family-law topics or legal-aid and referral resources.