Publication2

POWERS OF ATTORNEY

Adoption is the process of irrevocably

transferring a birth parent’s parental rights

and responsibilities to adoptive parent(s).

Its intended effect is to legally and

irreversibly eliminate any and all rights of

biological parents, and transfer those same

rights and duties to adopting parents. Any

person, whether a minor or adult, may be

adopted. Once finalized, the law ceases to

recognize the biological parents as parents

of the adopted child.

Adoption is a viable option for military

personnel who want to expand their

families. Whether you are married,

divorced, or single, you may be eligible to

adopt. In addition, states generally do not

have income requirements for prospective

parents. Even if you already have children,

you may be able to adopt. Most notably,

servicemembers stationed overseas are

eligible to adopt from the U.S. or abroad.

There are two methods of adoption:

private adoption and agency adoption.

Before choosing which adoption method to

pursue, it is important to consider factors

such as the age of the child you are seeking

to adopt, whether to adopt domestically or

internationally, and adoption costs.

If you are considering adoption, research as

much about the process as possible. The

more you know about each adoption

method and process, the easier it will be to

understand and navigate an adoption. If

you have any further questions, please

contact the Misawa Air Base Legal Office.

THIS BROCHURE INCLUDES:

 WAYS TO ADOPT

 ADOPTION COSTS

 CLOSED V. OPEN ADOPTIONS

 INTERNATIONAL ADOPTIONS

 BENEFITS & REIMBURSEMENTS

The information in this brochure is of a general nature

and is not intended as a substitute for legal counsel.

Last updated April 2022

35TH FIGHTER WING

FFICE OF THE STAFF JUDGE ADVOCATE

ORII BUILDING, BLDG 656

ISAWA AIR BASE, JAPAN

CONSIDERING ADOPTION?

ADOPTION

Do you have additional questions? If so, contact

the Misawa Air Base Legal Office and request to

schedule a Legal Assistance Appointment.

35th Fighter Wing Contact Information:

Email: 35fw.ja@us.af.mil

DSN Phone: 315-226-4022

DSN Fax: 315-226-2185

Commercial Phone: 011-81-176-77-4022

HELPFUL RESOURCES:

ADOPTUSKIDS

www.adoptuskids.org

CHILD WELFARE INFORMATION GATEWAY

www.childwelfare.gov

CITIZENSHIP AND IMMIGRATION SERVICES

www.uscis.gov/adoption

U.S. DEPARTMENT OF STATE

adoption.state.gov

US EMBASSY IN JAPAN

jp.usembassy.gov/services/adoption

MILITARY ONE SOURCE ADOPTION

ONSULTANT

Call 800-342-9647

DEFENSE FINANCE AND ACCOUNTING SERVICE

DOPTION REIMBURSEMENT

www.dfas.mil/militarymembers/

payentitlements/adoptionreimbursement.html

HOW ARE CHILDREN ADOPTED?

Children may be placed for adoption in a variety of

ways as follows:

1. Agency Placement: The procedure for adoption used

by licensed adoption agencies.

2. Direct Placement/Independent Adoption: The pro-

cedure for adoption used by the natural parents, plac-

ing their child directly into an unrelated adoptive

home without the help of an agency.

3. Stepparent Adoption: The procedure for adoption in

which the new spouse of a parent agrees to adopt the

child of his/her spouse from a prior relationship. This

relieves the non-custodial natural parent of further

child support obligations.

ARE THERE MORE PROBLEMS WITH DI-

RECT PLACEMENT THAN AGENCY PLACE-

MENT?

Yes. The problems are greater with direct (or inde-

pendent) placement than with agency placement. Cou-

ples considering adoption should ask themselves the

following questions:

1. What do we know about the child's background,

medical history, and birth parents?

2. How do we know that the legal procedures have

been followed, that the proper consent forms have

been obtained from the birth parents, and that the

child is legally available for adoption?

3. How can we guarantee privacy and security for our-

selves and for the child after the adoption and avoid

interference by one or both birth parents?

4. How can we best protect ourselves and the child for

the future?

When an agency places a child, every effort is made to

make sure that the child is placed in a suitable adop-

tive home with parents well-matched to the child's

background, capabilities, and medical history. The

adoptive parents will be told enough about the child to

inform them of these factors but not enough to identify

the birth parents. The child is placed with parents so

that there is no danger of recognition by the natural

parents or their friends or relatives. The adoptive parents

are assured that the child can legally be adopted. Their

home environment and backgrounds are checked and

studied thoroughly to make sure that they are ready and

able to adopt the child and provide adequately for him

or her. An agency placement means that every available

protection has been given to the natural parents, the

child, and the adoptive parents under state law.

WHAT ARE THE LEGAL STEPS TO ADOPT A

CHILD?

When adopting a child, it is necessary to file certain pa-

pers in court and, in most cases, to retain a private attor-

ney for assistance. The procedures will vary in individu-

al cases, depending on whether the proposed adoption is

legally based on abandonment, consent by the other par-

ent(s), or placement by an agency.

If you have a question about whether you will need a

private attorney, you should consult a Legal Assistance

attorney. In general, procedures for adoption are handled

by a local court in the county where the adoption is to

take place. There is usually a filing fee required with the

adoption petition. The basic steps are as follows:

1. P

ETITION FOR ADOPTION: This document is signed by the

adoptive parents and filed in the county where the child is liv-

ing, the county in which the adoption agency is located, or the

county in which the adoptive parents live.

2. If the adoption is by consent (either a stepparent adoption or

agency placement, for example), the next step is the filing of the

consent to the child's adoption by the natural parent(s) who

would give such consent. There can be investigator costs associ-

ated with this phase and the adoptive parents must make a

satisfactory effort to locate both birth parents. Such action can

involve hiring a process server or private investigator to try to

locate a missing biological parent. In some states, a child over a

certain age, often 12 years, must also consent to his or her own

adoption.

3. Next is the order of reference and the home study. The order

of reference involves referring the case to the adoption agency

or, in the case of a stepparent adoption by

consent, to the

county Department of Social Services (DSS) (or its equiv-

alent) for completion and filing of a home study of the

adoptive parent(s), their background and home situa-

tion, and how the child and parents interact.

4. Once the home study is completed, an interlocutory

decree may be issued. This is a temporary court order

giving the adoptive parents custody of the child

until the final order is issued. The interlocutory de-

cree is NOT a final order. It will usually take up to a

year between the interlocutory decree and the final

decree of adoption, but this varies from state to

state.

5. The final step is the filing of the final order of

adoption. This makes the child a legal member of

the family, just as if he or she had been born to the

adoptive parents. The child is able to inherit real and

personal property just like a natural child. After the

final decree, the birth certificate of the child is

amended and the new certificate will show the

adoptive parents as the birth parents of the child.

Adoption Reimbursement

Are you planning to or in the process of adopting a

child? Federal law authorizes reimbursement for

certain expenses associated with adoption to a maxi-

mum of $2000 per child and not to exceed $5000 per

calendar year.

Of course, there are requirements and limitations

you must be aware of. For instance, the adoption

must be arranged by qualified adoption agencies or

a source authorized under state or local law. Private

and stepchild adoptions must be finalized in a U.S.

court.

In order to qualify for the reimbursement, service

members must be serving on continuous active duty

for at least 180 days and the adoption must be final-

ized while on active duty. In addition, the claim

must be submitted while on active duty and within

the timeframe specified in DoD Instruction 1341.09

(within two years of the date that the adoption was

finalized for claims submitted on and after July 5,

2016; within one year for claims submitted prior to

that date).

Complete policy and procedures can be found in

DoD Instruction 1341.9 and Volume 7A, Appendix

A for the DoD Financial Management Regulation.

Here you can also find what expenses can be reim-

bursed as well as those that are excluded.