Adoption Credit - Failed Adoption

[spra8560]

We started adoption (petition filed with attorney and court as an adoption) in 2018.  We paid $3552 for the retainer and filing fees.  In 2019, our attorney pushed and filed more and we ended up paying another $13000 for both our granddaughters (contested adoption).  At mediation, we ended up only receiving guardianship/custody (failed adoption).  I filed the $3552 as an adoption expense in 2018; however, when I input the information as a failed adoption for both children, it is not allowing any expense in 2019.  Is this correct?  I should be able to claim the credit as all the petitions were filed as adoption petitions (not guardianship).

[MarilynG1 · Accepted solution]

Yes, you can claim expenses for a failed adoption.  Treat those expenses in the same manner as expenses you paid for adoptions not final by the end of the year.

Click the link for detailed info on How to Claim Failed Adoption Expenses.