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B-192448 1 (1978-09-19)

handle is hein.gao/gaobadgiy0001 and id is 1 raw text is: I R.BredlIow 4 THE COMPTVROLLER GENErAo 0rFIT3I1fU. OF THE UNITD GTATIE1a 7 .. WASHINGTON. D.C. 0-?o l ( ,f it4 FILE: 11-192448 DATE: September 19, .1978 MATTER DIGEST: OF: ledical benefits for dependent adoptive parents Bona fide adoptive parents of members of the uniformed services aould he included, aift- larly to natural parents, as ealigible dependents to receive medical benefits pursuant to 10 U.SC, 1071-1088 (1976), despite the fact that the statute does not expressly include adoptive parents t thin the term parents In authorizing such benefits, Decisions to the contraty should no longar be followed, It ha come to our attention that dependent adoptive parents of mewbers of the uniformed services are not eligible to receive medial bonefits pursuant to 10 U.S.C. 1071-1088 (1976) under the current interpretation of the term parent as used in 10 US.C, 1072 and applicalle regulations. After reviewing this situation we conclude that thin interpretation should be changed to construe parout an uwid in 10 U.S.C. 1072 as including bona flde adoptive parents. Chapter 55, aections 1071-1088, title 10, United States Code, provides for a uniform program of medical and denial care for members of the uniformed services, and for their dependents. In subsection 1072(2(F), dependent if definad to include a parent or parent-in-law who is, or ws at the time of the member's death, dependent upon him for over one-half of his support and residing in his household. 'the joint regulations (Hedial Services, Uniformed Services dealth Benefits Program, September 15, 1970) Jisued by the Depart- munc of Defence and Department of Health, Education, and Welfare, Implementing 10 U.S.C. 1071-1088, provide at paragraph 1-2 In plrtinent part as follows: t. Dependent. A person who bears any of the following relailotinships to an active duty or rettred member of a uniformed service, or to a person who it the time of his death was an active duty or reL red member of a uni formed service: * * * * * ___ I I

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