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Returning Member
posted Jun 4, 2019 3:26:32 PM

Can we claim adoption expenses for an embryo adoption

Can we claim expenses for medical, adoption agency & background checks associated with adopting an embryo from another family which will be implanted in my wife and that she will carry to term/birth?  Also, expenses are in 2016, but adoption and transfer won't occur until 2017.

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1 Best answer
Expert Alumni
Jun 4, 2019 3:26:33 PM

Most likely not, but it depends on your state. The state law must consider an embryo as a person for you to be able to deduct your expenses as adoption expenses and qualify for an adoption credit.   And if they don't, you don't actually have a legal adoption and no adoption credit/expenses. 

In 2017, once the transfer occurs, you will be able to deduct your medical expense in regards to the implant. 

1 Replies
Expert Alumni
Jun 4, 2019 3:26:33 PM

Most likely not, but it depends on your state. The state law must consider an embryo as a person for you to be able to deduct your expenses as adoption expenses and qualify for an adoption credit.   And if they don't, you don't actually have a legal adoption and no adoption credit/expenses. 

In 2017, once the transfer occurs, you will be able to deduct your medical expense in regards to the implant.