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Benefits and Allowances

The following are frequently asked questions about adoption benefits and allowances. Please click on the question and the answer will appear. Click again to hide the answer.

 

What are the eligibility requirements for the DoD Adoption Reimbursement Program?

Generally, service members must meet the following criteria to be eligible to receive adoption reimbursement:

  • be on active duty for at least 180 days
  • adopt a child who is under the age of eighteen
  • adopt a child through a qualified adoption agency or other source authorized to place children for adoption under state and local laws
  • have the adoption finalized
  • submit a claim within one year of the adoption finalization and before the service member is discharged from the military
What kinds of expenses can I be reimbursed for under the DoD Adoption Reimbursement Program?

Not all expenses are reimbursable. Generally, reimbursement is available for "reasonable and necessary" expenses:

  • public and private adoption agency fees, including fees charged by an agency in a foreign country
  • placement fees, including fees charged adoptive parents for counseling
  • legal fees, including court fees, for services that are unavailable to a member of the military
  • medical expenses, including hospital expenses of the biological mother of the child to be adopted and of a newborn infant to be adopted, medical care given to the adoptive child/children before the adoption, and physical examinations for the biological mother of the child to be adopted
  • temporary foster care charges when payment of such charges is required to be made before the adoptive child's placement

"Reasonable and necessary" fees do not include items such as travel costs incurred for the adoption or any costs associated with an adoption arranged in violation of federal, state, or local laws.

Is there a limit to the amount of expenses for which a service member can be reimbursed?

Yes.  There is a limit per child and within a given year.  Paragraph 4.1 of DoD Instruction 1341.09, November 3, 2007, certified as current April 23, 2009, provides the limits for adoption reimbursement.

How much leave is authorized in conjunction with an adoption?

The law governing this type of leave allows up to twenty-one days of non-chargeable leave in a calendar year to be used in conjunction with an adoption on or after January 6, 2006. As with any type of leave, this leave will be authorized if mission requirements and circumstances permit.

What are the eligibility requirements for being authorized non-chargeable leave in conjunction with an adoption?

To be eligible for authorized leave, the service member must be eligible to receive reimbursement through the DoD Adoption Reimbursement Program. The adoption must also have been completed on or after January 6, 2006.

If my spouse and I are both in the military and we adopt a child, can both of us be authorized twenty-one days of non-chargeable leave?

No. The law only allows one service member parent to be authorized this type of leave.

Can I use the Family and Medical Leave Act (FMLA) to increase the amount of time off after the adoption of my child?

No. Because service members are not eligible for leave under the FMLA, DoD provides this type of non-chargeable leave.