Adoption And Benefits

[Will]

Ok several years ago I had a daughter with my ex wife. This child is my biological child. Now she is 16. I am receiving IU now. My ex wife and I divorced when I was very young and I let her new husband adopt our 8 month old daughter. My daughter and I are back in contact and are very close now. Although she has been adopted , but if the adopted father lets me have my daughter back and I go through the court to adopt her back into my name( I am biological father) can she receive benefits as well or how will that work. Will the VA cover her schooling? Also for social security if I adopt her back will she recieve benefits as well.

[JR Reihs]

Will,

You realy need to speek with a very well versed lawyer in this situation.

I just wonder if your daughter was emancipated would this help by allowing her to make her own decisions as if she was an adult, but then again it could bring about a whole new set of problems.

This is a very tough situation that could only be answered by a very good adoption lawyer.

Good luck to you and your daughter.

[gp747]

i also would like to know the answer to that question

[SouthernBelle]

I would suggest you both find the definition of "Dependent" according to the VA. I don't know the answer to your questions, exactly, but I would think that by finding out how the VA defines "dependent" (after all, it is your BIOLOGICAL child) that might help you find the answer. Also, DO talk to a lawyer.

i also would like to know the answer to that question

[Ricky]

Will, A full process court ordered adoption back into your name will allow for both VA and SS benefits (VA/SS dependent equals natural child, stepchild or formal adopted child)

HOWEVER, you must speak with an attorney to insure the legal angles of the process are in order since this is already a biological child of yours.

[Berta]

Dependent children ( biological, step, and adopted)can be eligible for VA benefits (such as the increased comp amount to the parent and also in some cases SSA benefits.)

A child can get SSA benefits due to a disabled SSA recipient parent up to age 18 but the parent's SSA benefit for the child stops at age 16.

In some cases even dependent parents are added to a veteran's compensation check.

These regs are found within 38 CFR 3.210 and 38 CFR 210, and M21-1MR Part III subpart iii 5 under G.

I do agree that this is a legal matter that would have to be resolved before claiming the child as a dependent.

I would certainly thik that if the child is determined to be your dependent she would be eligible for CHAPMVA and CHap 35 educational benefits because you are 100% P & T.