Adoption is the process by which you can become a legal guardian or parent of the adopted child. The adopted child becomes part of your family as a result. In the US, adoption is a streamlined process, and there are many ways to go about it. In this blog, we will discuss how you can adopt while serving in the military, the challenges you may face, and how to overcome common issues with military adoption.
WHAT IS MILITARY ADOPTION
Military adoption, in short, means when military personnel adopts a child directly, through foster care, or an agency. Military life should not be a barrier to expanding your family through adoption. However, the adoption process can be pretty confusing and overwhelming. The American community loves to care for and support their children, and adoption is one way to do it. The Defense Department understands the need to grow your family through adoption. There is also the added incentive from the DOD and the US government of substantial financial support if you adopt. These benefits can include tax credits and bearing adoption costs. We have detailed the steps to follow to adopt as a military service person successfully, whether in the US or stationed abroad.
BEFORE YOU START – CONSIDERATIONS
The process of adoption could be significantly different for a member of the military as compared to civilians. You may have to submit additional paperwork and have a more comprehensive background check because of the number of stations you have had in the past.
Secondly, you may receive an order for a permanent change of station or deployment during the adoption process; this can cause you to restart the home study, transfer paperwork to another agency, and incur all the additional costs associated with the extra paperwork.
Finally, you will have to deal with foreign agencies and government regulations if you are stationed abroad; This could add another layer of complexity to a process that is already quite difficult.
All the considerations mentioned are addressed in the later sections, where we will guide you on dealing with each issue separately.
HOW TO MILITARY ADOPT – STEPS
Military families who want to adopt go through the same process as civilian families. However, some unique requirements and waivers exist for military families looking to adopt. The adoption process is different if you are stationed within the US and others outside of the US. Some laws differ for military personnel as compared to civilians.
STEP I – UNDERSTAND APPLICABLE LAWS:
Some laws are the same for all states, while there may be some degree of variation from state to state. These laws usually revolve around your current area of residence, whether within the US or outside. There are also laws on where the child lives whom you wish to adopt. There are some minor differences in statutes that vary from state to state. A military member is eligible to adopt in the form of Illinois if they have been domiciled in the state for 90 days. In South Carolina, if one of the adopting parents is part of the military, the residency law is waived. In Tennessee, if someone was a state resident before joining the military, they can adopt in a Tennessee court.
STATIONED IN THE UNITED STATES-
If you are adopting a child residing in a state different than where you are stationed, the Interstate Compact on the Placement of Children (ICPC) applies. If you are adopting from the same state as your legal residence (even if the station assignment is different), the ICPC does not apply.
STATIONED OUTSIDE OF THE UNITED STATES-
If you wish to adopt while posted overseas, you must abide by the laws of your legal residence. The ICPC ruling only applies to resident military personnel.
STEP II – FIND A SUITABLE ADOPTION AGENCY
Finding an adoption agency suitable for your needs is a crucial step in the adoption process. You and your family must decide how and who you want to adopt. Here you can seek the guidance of Military OneSource consultants to recommend agencies suited to military families and understand the laws well. There is a slight difference in approach in how you should seek an adoption agency if you are in the US or abroad:
STATIONED IN THE US-
You can choose a private agency, a public agency, or an independent attorney while residing in the US. Generally, this step ensures that you fall within the permissible category to adopt and is irrelevant to your age, marital status, sexual orientation, or income. Your chances of adoption are favorable even. If you are a veteran with a disability, you can still adopt. However, if you wish to adopt from outside the US, you must look up their specific requirements. The same is the case with faith-based agencies that have adoption prerequisites.
STATIONED OUTSIDE OF THE US
If you are residing outside the US, you must choose an agency that caters to US citizens living abroad.
Discussed below in detail are the 6 adoption options available to military personnel:
- Agency Adoption: they can be part of the government or private sector. All agencies are state regulated and hold valid licenses to place children in prospective homes. The government-run agencies or public agencies normally place children in foster care (age range toddlers to teenagers). Social service organizations run private agencies and you will have more options available to adopt infants.
- Independent Adoption: this involves the direct involvement of the birth parent and the adoptive parents. Most states allow this type of adoption, but you will have to be aware of the state-wide regulations. It is recommended to involve a lawyer during the whole process so that all the processes run smoothly.
- Identified Adoption: this type of adoption is a mix between agency and independent adoption. Parent/s seeking to adopt identify a birth mother themselves and seek the help of an agency to mediate the process and complete the paperwork.
- International Adoption: this happens when prospective parents seek to adopt outside of the US. In this type of adoption, agencies specializing in international adoption can play a crucial role.
- Open Adoption: this type of adoption allows for some communication between the birth parents and adoptive parents. It is up to the adoptive and births parents to mutually decide how much identifying information is exchanged and how open the adoption is.
- Foster Care Adoption: children within the foster care are put up for adoption when the birth parents forgo their rights, or the court deems the birth parents unfit due to neglect. There are two ways to adopt from foster care. You can either adopt directly through foster care or you can adopt a child that you have been fostering previously.Step II – Complete a Home Study
STEP IIi - complete a home study:
which your adoption agency will help complete. This step involves educating and preparing your family members for an addition to the family. The agencies have different methods to conduct a home study, however, in most cases the process is similar. Here is what you can expect in the home study:
- The agencies will first guide you through an informational session known as the orientation. During the orientation, you will get to know about the adoption process and the agencies’ backgrounds.
- Training is an essential part of Home Study as per several state laws and agency practices. Through proper training, prospective parents can better understand adoption issues, adoptive children’s issues, and legal requirements.
- Interviews are conducted at various steps of the adoption process by a home study specialist. Whether you are single or a couple, you will have to give interviews. The interviews give the home specialist a better idea about your family and help in the placement process of the adoptee. You can be interviewed about your parenting style, perception of children, and ability to handle stress. During these interviews, you may also be asked about the preferred age of the adoptive child. Please note that other family members may also be interviewed during this stage.
- The fourth step is the home visit, which ensures that your home is a safe environment for the adoptive child and is up to the standards of the State licensing. This task will be completed by a home study specialist provided by the agency.
- You will be required to submit health statements (a recent health exam from a physician) as part of the Home Study process. The health exam determines if you are physically and mentally able to adopt and care for a child.
- Health coverage and income statements may also be required by the adoption agency to complete the Home Study. This is to show that you can handle your finances well. Usually, proof of income in the form of paycheck copies is enough to verify this.
- Finally, you may also be subject to a background check, which can be an extensive process in itself. A background check is mandatory in all states for all prospective adoptive and foster parents before the child is placed in their home. Similarly, background checks may also be done for all the adults living in your home. Note: you may have to sign a waiver and be fingerprinted for your military history as per citation: Ann. Laws §§ 23-5-12; 26-6-14.3; 26-6-14.5
There are some prerequisites for completion of Home Study for US military personnel, located in the US and stationed abroad.
STATIONED IN THE US-
A Home Study should be completed by a licensed agency or social worker in the US. This process may include criminal background checks for every state of residence that you have kept.
STATIONED OUTSIDE OF THE US-
A Home Study should be completed by a licensed agency or social worker in the US. In case a notary is required in your country of residence, you may need to obtain it from the issuing state.
STEP IV – PREPARE FOR A SUITABLE MATCH AND PLACEMENT OF YOUR ADOPTIVE CHILD:
It can take some time for you to be matched with a child and for the placement to be completed. This all depends on the adoption agency, your state/country of residence, and the adoption type that you chose.
STATIONED IN THE US-
This usually requires placement visits and allows the adopted child to ease into the new home.
STATIONED OUTSIDE OF THE US-
If you are residing outside of the US, you will have to travel back to the state of the adoptive child to have a meeting and get to know them.
SOME COMMON ISSUES WITH MILITARY FAMILY ADOPTION
Owing to the job nature of military families, they may face some unique circumstances with the adoption process, such as deployment abroad or a permanent change of station (PCS).
DEPLOYMENT DURING THE ADOPTION PROCESS:
Deployment in the military happens often, which means that you will have to change your station at very short notice. Therefore, it is wise to let your command know that you are going through the adoption process so that the paperwork is completed in due time. Secondly, if you have a spouse, they should have your mailing address so that you are reachable during emergencies.
In another scenario, if you are already deployed during the adoption process, it is wise to keep your command informed about the adoption process so that the document formalities get completed in due time. Alternatively, you can grant power of attorney to your spouse for the adoption process, so that they can complete the paperwork while you are gone. However, you will have to be present for at least one personal interview. In case you are already scheduled to be deployed, you can request the social worker or agency worker to conduct interviews, background checks, and fingerprints beforehand. You also have the option to request an extension of assignment or deferment if you are a single parent.
PERMANENT CHANGE OF STATION (PCS) ORDERS:
You may receive an order for a PCS during the adoption process. In this case, it may be possible to transfer your home study documents to another agency close to your new home. Sometimes the agencies require you to start with the home study process from scratch (if their processes differ from your previous agency).
In the case where you have already matched with a child but receive orders for PCS, you will be required to obtain approval to move the child to the new state to complete the adoption process. In this type of situation, the agency or social worker will guide you through the process.
BENEFITS
As part of the military, you are entitled to some benefits if you choose to adopt a child. These are as follows:
ADOPTION EXPENSES REIMBURSEMENT:
Military personnel who choose to adopt a child are entitled to a reimbursement of up to $2000 and this law also applies if they adopt their stepchildren. This is given to cover the costs of the adoption process and agency costs. This amount can go up to $5000 if two or more children are adopted in the same year. If both adoptive parents are in the military, then only one of them is entitled to reimbursement.
To claim reimbursement, you have to submit the DD Form 2675 within one year of adoption. You have to be on active duty if you want to apply for reimbursement and it is not possible to get paid twice through different programs. Additionally, you must submit a separate form for each adopted child.
Veterans who have suffered service-related infertility are also eligible to apply for reimbursement when they adopt a child. However, the reimbursement amount is the same for active-duty members. In the case of veterans, they can apply for reimbursement within two years of adoption.
LEAVE:
Military adoptive parents can apply for primary and secondary caregiver leave within one year of adoption. The primary caregiver is entitled to 6 weeks of non-chargeable leave. The days vary for the secondary caregiver for each military department. The air force and army allow 21 days of non-chargeable leave for the secondary caregiver. The marine corps and navy allow 14 days of non-chargeable leave. However, you must consult with your commander as leave is granted only after their permission. The caregiver leave is only applicable if you are eligible for adoption expenses reimbursement.
HEALTHCARE:
Children below the age of 18 years who are adopted by a military family are entitled to military health benefits.
ADDITIONAL ASSISTANCE FOR MILITARY FAMILIES
Adoption can be a daunting task especially when you are actively serving in the military. Several resources and guides can help you with the information that you need to get started. Here are a few resources:
This website provides useful links on where to find free assistance to adopt a child into a military family. They cater to both, stationed within the US and outside of the country. There is also other useful information about adoption on this webpage.
This is a very detailed document that covers real aspects of adoption while serving in the military and prepares you for the challenges ahead. This document is also available as a webinar and talks about real military families who chose to adopt children.
This website has valuable information about reimbursement, healthcare, and leave options for military service people, who want to adopt children. There are other useful suggestions on the website as well.
This webpage offers insight into the adoption services available to military families. The resource also talks about the correct path to take during the whole process and outlines all the steps in detail.
This webpage details the reimbursement process, associated expenses, leave for primary caregivers, and extending the military health benefits to your newly adopted child.
This website details the expenses and finances related to adopting a child, especially for military personnel. There is also information on the limitations and eligibility of reimbursement.
CONCLUSION
Being in the military may dramatically alter the adoption process compared to civilians. Second, you can be given the go-ahead for a permanent transfer or deployment throughout the adoption process. This could force you to repeat your home study, move your paperwork to a different agency, and pay all the extra charges related to the extra documentation. Finally, if you are stationed abroad, you will have to deal with foreign organizations and governmental regulations. This might make a process that is already extremely challenging even more complicated. The steps required to adopt are getting to know the laws and regulations, contacting an appropriate agency, undergoing a home study, and finally preparing to welcome your adopted child. Through each of these steps, a certified agency representative or social worker will be present to assist you and help you with the necessary paperwork. There are many incentives if you adopt as a military person, such as reimbursement, healthcare benefit, and leaves. These benefits help you through the adoption process and are there to ease the cost of adoption. There are a lot of online resources if you need help with adoption, the difficulties, costs, or support around adoption, there are many helpful options at your disposal.
REFERENCES
- Child Welfare Information Gateway. (2021). Military families considering adoption. Department of Health and Human Services, Administration for Children and Families, Children’s Bureau. https://www.childwelfare.gov/pubs/f-milita/