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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 Military Experts for support. Read below where Experts have answered questions for others needing assistance.

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

If the child is born in the United States, the military does not usually require a particular set of forms. However, states vary and you will need to research the laws. 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. 

Why would an attorney need a list of a soldier’s military offenses when the ex-spouse is wanting the new spouse to adopt their child?

Case Details: 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 the 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 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.

Can a soldier adopt a child if they are 19, single 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 should not have any trouble; however, the military can separate you if you fail to follow through with the care plan.

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