Adoption Credit Question

[klenroberts]

I was granted custody of my nephew through the court in June 2022. My sister (his mom) and his father signed waivers of service of process and consent for custody so the judge granted without an issue.

Does this qualify as an adoption for the adoption credit? 

I had $412 in court fees I'd like to claim. Everything else was paid for by the legal plan my husband pays into each paycheck (unless I am able to claim part of what we pay bi-weekly).

We are claiming him as a dependent because he has lived with us permanently since March 21st, 2022. 

[Bsch4477]

You can certainly claim him as a dependent but he was not adopted. 

[Vanessa A · Accepted solution]

It depends. If you just gained custody, but did not adopt him, then no you may not claim this as an adoption expense.  If you legally adopted him, then yes, you may claim the adoption credit for the court fees you incurred. 

You would not be able to claim the amount paid by your husbands employer through the legal plan.