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Claiming a foster child, what to put for "legal parents"

We had a foster child placed with us by a qualifying agency, who lived with us for the full year. He qualifies as a dependent, but I'm stuck on the question of who his legal parents are under "add a dependent." I enter his info (birthdate, name, etc), choose that he's "my son" and the next thing it asks is who the legal parents are: myself, my husband, or both of us. Technically he's a ward of the state and we are not his legal parents. Later on that page, it allows me to select foster child and to answer related questions. I can't skip why the legal parents are and there are no other options. Do we just put that we are his legal parents?

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2 Replies
Vanessa A
Employee Tax Expert

Claiming a foster child, what to put for "legal parents"

Yes, since you are both his foster parents you will choose both of you. This question is more for a split custody type situation.  It is not entered on your tax form, it is simply there to determine which path your next questions should take.  

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Claiming a foster child, what to put for "legal parents"

That is exactly what I needed to know, thank you so much!

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