38 CFR § 3.58 - Child adopted out of family.

---
identifier: "/us/cfr/t38/s3.58"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "38 CFR § 3.58 - Child adopted out of family."
title_number: 38
title_name: "Pensions, Bonuses, and Veterans' Relief"
section_number: "3.58"
section_name: "Child adopted out of family."
chapter_name: "DEPARTMENT OF VETERANS AFFAIRS"
part_number: "3"
part_name: "ADJUDICATION"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
cfr_part: "3"
---


# 3.58 Child adopted out of family.

(a) Except as provided in paragraph (b) of this section, a child of a veteran adopted out of the family of the veteran either prior or subsequent to the veteran's death is nevertheless a *child* within the meaning of that term as defined by § 3.57 and is eligible for benefits payable under all laws administered by the Department of Veterans Affairs.

(b) A child of a veteran adopted out of the family of the veteran is not a child within the meaning of § 3.57 for purposes of any benefits provided under 38 U.S.C. 1115, Additional compensation for dependents.

(Authority: 38 U.S.C. 101(4)(A), 1115).

Child. See § 3.57. Veteran's benefits not apportionable. See § 3.458.

[80 FR 48451, Aug. 13, 2015]