To claim the Adoption Credit, you generally need to file IRS Form 8839, Qualified Adoption Expenses, with your federal income tax return. This form helps you calculate the amount of your qualified expenses and the portion of the credit you are eligible to claim.
Qualified Expenses
Qualified adoption expenses include reasonable, necessary expenses directly related to the legal adoption of an eligible child. These can include: Adoption fees: Amounts paid to adoption agencies or facilitators. Court costs: Fees associated with legal proceedings for adoption. Attorney fees: Legal representation for the adoption process. Travel expenses: Costs for meals and lodging while away from home for the adoption. Re-adoption expenses: For foreign adoptions, expenses incurred to adopt a child in your home state when the adoption was finalized in a foreign country.
Expenses for a surrogate birth or the adoption of your spouse's child are generally not considered qualified expenses. Also, expenses reimbursed by an employer cannot be claimed.
Eligible Child
An eligible child is generally an individual under 18 years old. If the individual is 18 or older, they must be physically or mentally incapable of self-care. Special rules apply for adoptions of children with special needs, which may allow you to claim the maximum credit even if your qualified expenses are less than the maximum amount.
Income Limitations
The Adoption Credit is subject to income limitations based on your Modified Adjusted Gross Income (MAGI). For tax year 2025, if your MAGI is above a certain amount (for example, above $250,560, indexed for inflation), the credit may begin to phase out, meaning the amount you can claim will be reduced. If your MAGI is above a higher threshold (such as $290,560, indexed for inflation), you may not be able to claim any credit at all. It's essential to check the latest IRS guidelines (often found in the instructions for Form 8839) for the most current figures.
Timing the Credit
For domestic adoptions, you generally claim the credit in the year the adoption becomes final. However, if qualified expenses are paid in a year before the adoption is finalized, you can claim them in the year after the payment, but before the adoption is finalized. For foreign adoptions, the credit is typically claimed in the year the expense is paid, regardless of when the adoption is finalized, provided the child is considered eligible at that time. This can get tricky, so careful record-keeping is vital.