When can you claim the adoption tax credit?
Mia Ramsey
Published Mar 29, 2026
Yes if it is a US adoption and you had qualified adoption expenses. It is treated as a non-finalized adoption, and you must wait one year after you incur the expenses. So, if you had expenses for an adoption in 2019 but the adoption has failed, you claim them with your 2020 taxes, typically filed in early 2021.
Are legal fees for adoption tax deductible?
The IRS writes: “Qualified adoption expenses are reasonable and necessary expenses directly related to, and for the principal purpose of, the legal adoption of an eligible child.” These “qualified adoption expenses” make up the amount a family can claim on the adoption tax credit.
Does the adoption credit carryforward?
The credit is nonrefundable, which means it’s limited to your tax liability for the year. However, any credit in excess of your tax liability may be carried forward for up to five years. The maximum amount (dollar limit) for 2020 is $14,300 per child.
How do I claim adoption on TurboTax?
To claim the adoption tax credit in TurboTax:
- Open or continue your return if it isn’t already open.
- Search for adoption credit and select the Jump to link.
- On the Did you pay any adoption expenses in 2020 or earlier? or the Credit for Adoption Expenses screen, read the information and, if you qualify, answer Yes.
How long can I carry forward adoption credit?
five years
The credit is nonrefundable, which means it’s limited to your tax liability for the year. However, any credit in excess of your tax liability may be carried forward for up to five years.
Does TurboTax do Adoption Tax Credit?
To claim the adoption credit, complete Form 8839 and attach it to your Form 1040. You can use TurboTax to assist in preparing your Form 8839 as part of your overall tax return preparation. We’ll ask you simple questions about your life and help you with all the right tax forms. We’ve got you covered.