(2) Not more than $5,000 may be paid under this section to a member of the armed forces, or to two such members who are spouses of each other, for adoptions by such member (or members) in any calendar year.
(1) The term “qualifying adoption expenses” means reasonable and necessary expenses that are directly related to the legal adoption of a child under 18 years of age, but only if such adoption is arranged by a qualified adoption agency or other source authorized to place children for adoption under State or local law. Such term does not include any expense incurred—
(A) by an adopting parent for travel; or
(B) in connection with an adoption arranged in violation of Federal, State, or local law.
(2) The term “reasonable and necessary expenses” includes—
(A) public and private agency fees, including adoption fees charged by an agency in a foreign country;
(B) placement fees, including fees charged adoptive parents for counseling;
(C) legal fees (including court costs) in connection with services that are unavailable to a member of the armed forces under section 1044 or 1044a of this title; and
(D) medical expenses, including hospital expenses of the biological mother of the child to be adopted and of a newborn infant to be adopted.
(3) The term “qualified adoption agency” means any of the following:
(A) A State or local government agency which has responsibility under State or local law for child placement through adoption.
(B) A nonprofit, voluntary adoption agency which is authorized by State or local law to place children for adoption.
(C) Any other source authorized by a State to provide adoption placement if the adoption is supervised by a court under State or local law.
(D) A foreign government or an agency authorized by a foreign government to place children for adoption, in any case in which—
(i) the adopted child is entitled to automatic citizenship under section 320 of the Immigration and Nationality Act (8 U.S.C. 1431); or
(ii) a certificate of citizenship has been issued for such child under section 322 of that Act (8 U.S.C. 1433).
(Added Pub. L. 102–190, div. A, title VI, §651(a)(1), Dec. 5, 1991, 105 Stat. 1385; amended Pub. L. 102–484, div. A, title X, §1052(12), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 104–201, div. A, title VI, §652(a), Sept. 23, 1996, 110 Stat. 2582; Pub. L. 106–398, §1 [[div. A], title V, §579(c)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–141; Pub. L. 108–375, div. A, title VI, §661, Oct. 28, 2004, 118 Stat. 1974; Pub. L. 109–163, div. A, title V, §592(a), Jan. 6, 2006, 119 Stat. 3280.)
A prior section 1052 was renumbered section 1063 of this title and subsequently repealed.
2006—Subsec. (g)(1). Pub. L. 109–163 inserted “or other source authorized to place children for adoption under State or local law” after “qualified adoption agency” in introductory provisions.
2004—Subsec. (g)(3)(D). Pub. L. 108–375 added subpar. (D).
2000—Pub. L. 106–398 substituted “Adoption expenses: reimbursement” for “Reimbursement for adoption expenses” in section catchline.
1996—Subsec. (g)(1). Pub. L. 104–201, §652(a)(1), substituted “qualified adoption agency.” for “State or local government agency which has responsibility under State or local law for child placement through adoption or by a nonprofit, voluntary adoption agency which is authorized by State or local law to place children for adoption.”
Subsec. (g)(3). Pub. L. 104–201, §652(a)(2), added par. (3).
1992—Subsec. (b). Pub. L. 102–484 inserted close parenthesis before period at end.
Section 651(c) of Pub. L. 102–190 provided that: “The amendments made by subsections (a) and (b) [enacting this section and section 514 of Title 14, Coast Guard] shall take effect on the date of the enactment of this Act [Dec. 5, 1991] and shall apply to adoptions completed on or after that date.”
Pub. L. 102–484, div. A, title VI, §652, Oct. 23, 1992, 106 Stat. 2426, provided that this section and section 514 of Title 14, Coast Guard, would apply with respect to the reimbursement of adoption expenses incurred for an adoption proceeding completed during the period beginning on Oct. 1, 1990, and ending on Dec. 4, 1991, to the extent that such expenses would have been covered if the proceeding had been completed after Dec. 4, 1991, but only if an application for such reimbursement had been made within one year after Oct. 23, 1992.