Effective Date of Entitlement to Dependency Benefits for Adopted Children

The Director of the Navy Family Allowance Activity requested a decision concerning the effective date for entitlement to increased quarters allowance on account of children placed for adoption in the State of California in the cases of two Naval officers. In each case, the children were placed in the homes of the officers, and the officers were providing for their complete care. However, the adoption decrees are not final. In the State of California, the children may be removed at any time prior to a final adoption decree. GAO held that, without court approval in the form of a final adoption decree, such placement of the children does not constitute adoption, and the officers are not entitled to basic allowance for quarters at the with-dependent rate until an order of adoption has been issued by a court of competent jurisdiction.