Can A Veteran’s Surviving Spouse Adopt A Child After The Veterans’s Death and Receive Benefits For That Child?

Yes, if a veteran’s surviving spouse adopts a child after the veteran’s death, the following must apply:

• the claimant submits a decree of adoption showing the surviving spouse adopted the child within two years after the date of the veteran’s death
• the adoptive parent or child’s custodian submits a statement indicating
  • the child was living in the veteran’s household at the time of the veteran’s death, and
  • the veteran or the veteran’s spouse provided the majority of the child’s support from the time the child became a member of the veteran’s household until the date of the decree of adoption, and
• the statement does not conflict with other evidence of record.

 

Reference:  For more information on adoptions occurring after a veteran’s death, see

• 38 CFR 3.57(c), and
• 38 CFR 3.210(c)(2).