HSA with StepChildren

[etlind]

I have a stepson, who came under my medical insurance in July of 2023.  I have high deductible insurance plan and a family HSA through work, to which I contribute.  My wife and his father alternate years of claiming him as a dependent on income taxes.  We pay for his medical bills regardless of the year.

Can we pay for his medical expenses with my HSA on the years that we do not claim him as a dependent?

Thanks

[Opus 17]

Yes. 

"For this purpose, a child of parents that are divorced, separated, or living apart for the last 6 months of the calendar year is treated as the dependent of both parents whether or not the custodial parent releases the claim to the child’s exemption."