Do you have to pay for failed adoption expenses before you can claim them on taxes, and when can you do that?

I have an invoice from the lawyer for this year.  He said he was fine holding until we could claim the adoption credit since we didn't really expect to have this much expense in one year.


As I read about filing failed adoption attempts, it seems you have to have an adoption expense first, so my question is, do we need to go ahead and pay him now instead of waiting a couple years when trying to claim the credit?


Ideally I would love to wait until next year or year after and claim the credit and then use that money to pay the lawyer fee, but I'm not sure how that works.


And from what I've read, failed adoptions, you have to wait a year, so if we do pay this year in 2016.  We couldn't file in January 2017, but would instead have to wait until January 2018.  Is that right?  If so, that is a financial hardship for many trying to adopt so I want to make sure I understand this properly.