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Military Adoption Laws

Adopting while in the military can be a stressful situation. Many successful military adoptions are performed with little effort; however there are times when issues arise. Many people turn to the Military Experts for military law support regarding military adoption. The Experts answer a variety of questions regarding adoption laws and can answer any question that you may have. Below are five of the top military adoption law questions answered by the Experts.

Are there particular forms required when adopting a baby from a military member?

If the child is born in the United States, the military doesn't usually require a particular set of forms. You need to research the laws of your state pertaining to adoption. The fact that the mother of the adoptive child is in the military will have little bearing on an adoption. The child will be eligible for military benefits up to the time of adoption, and then the benefits will stop. However, if the adoptive parents are also in the military and are on active duty, the child's benefits will continue. To gain a better understanding of adoption and what to expect, you can read more here: http://www.adopting.org/

You should also speak with an attorney who specializes in adoption. The attorney can explain the process and help you understand the contracts.

Why would an ex-wife and her husband's attorney need a list of a soldiers military offenses while trying to adopt the soldier's child? The soldier is contesting the adoption.

Generally, this information is used to establish the parent is unfit and also to terminate the parental rights of the parent. If your ex-wife has hired an attorney in order to allow her new husband to adopt your child, the attorney is trying to find anything in your history that may show cause as to why the adoption should be allowed. However, as long as you are actively involved in the child's life and pay child support, it will be hard for your ex-wife to terminate your parental rights. If they cannot show that you are unfit and unwilling to be involved in your child's life, they won't be able to perform the adoption.

Will a Judge Advocate General (JAG) assist a soldier in an adoption?

The JAG office is limited in what they can do to assist you concerning an adoption. Because JAG has no jurisdiction with the court that will handle the adoption, they cannot represent you or draw up the adoption paperwork. However, JAG can work with the local counsel and offer insight to the needs of military families who adopt.

Is an adopted child eligible for any benefits from their natural father who is a veteran?

Once you adopt a child, the child becomes yours and anything that the child would have been eligible for through their birth parents will be lost. The child is eligible for benefits up to the day of adoption and cannot apply for benefits once the adoption is final. To gain a better understanding of the eligibility of survivors and dependants of veterans, you can read the information on this website: http://www.gibill.va.gov/benefits/other_programs/dea.html

Can a person adopt a child if they are 19, single, in the Army, and overseas?

There are no laws that would restrict you from trying to adopt a child. However, there may be some concerns that arise. First of all, who would be caring for the child if you are deployed overseas? The military generally requires a family care plan to be in place to accommodate the child in the event you are deployed or happen to pull longer hours. If you present a solid family care plan, you shouldn't have any trouble; however, the military can separate you if you fail to follow through with the care plan. If you ensure a sound family care plan, you should be good to go.

If you are in the military and are considering adoption, or if you are just curious about military adoption laws, the Experts can help. The Military Experts can answer any questions that you have regarding adoption and military adoption laws in an efficient and knowledgeable manner.
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Recent Adoption Questions

  • Soldier in question is currently SSG E7, IRR, US Army on orders

    Soldier in question is currently SSG E7, IRR, US Army on orders until 9/2013, Germany. 1993 married a German woman, left her there pregnant, she put the child into the German welfare system for adoption. Later legally divorced, 1996?. 1995 has out of wedlock child in US, never pays child support. Returns to Germany 1996, has multiple relationships and then marries a German woman 7 mths pregnant with his child. 2007 fathers a child with the wife, AND another German woman - obviously out of wedlock. 2009 resumes relations with US mother on leave in the US whom he tells he is "legally separated" and she then visited him AND stayed with him on base in the barracks day and night , for two weeks each visit, while he was on duty (ADR at that time). Does not pay child support legally to the German woman who bore his child out of wedlock, randomly gives her money. Fathered another child in Germany out of wedlock while still married in 2011, specific details unknown. Now German wife of 11 years is pregnant again, presumably with his child. 7 known children by 5 women, one a German citizen whom he IS legally married to in Germany. Are these grounds for OTH discharge? If so, how would charges be filed?
  • got prviouse anser about adoption and still need know if I

    got prviouse anser about adoption and still need know if I adopt adult child can her mother still claim her on her 1040 as she is still her moher
  • My 17 year old son is talking to a recruiter about joining

    My 17 year old son is talking to a recruiter about joining the Marines. The recruiter said We - his parents- have to give then his original adoption papers. We adopted him at two days old. He also said that on his papers for National Security we have to list his birth parents information instead of ours in the parents space. Why is this? They have never seen hon and know nothing about him.
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