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The costs of an adoption vary depending upon the circumstances of the
adoption. Agency fees are usually the largest cost associated with a private
adoption. Public agencies are generally less expensive than private agencies.
In a private independent adoption, birthmother living expenses and medical
care would be the most costly portion of the expenses.
Following is a list of costs commonly associated with a private, independent
adoption. Please keep in mind that some or all of these costs may be required
in any given adoption and that they vary greatly. For example, one birthmother
may have insurance or public assistance to pay for her medical insurance
while another birthmother may not.
- Agency fees
- Attorney fees
- Court filing costs
- Guardian ad litem fees
- Adoption consultant fees
- Birthmother's living expenses
- Medical, counseling and hospital expenses for birthmother
- Travel expenses (if out-of-state birthmother)
- Advertising costs including Internet website
An agency or attorney can provide an estimate of anticipated expenses
when the particular needs and desires of the adopting parents are known.
There is a tax credit available for expenses related to the adoption
of a child. For most adoptive parents, the credit on 2001 returns provides
up to $5,000. When a child has special needs that make him or her difficult
to place, the credit is worth $6,000. Claiming the credit is a bit complicated.
The exact year you can claim your expenses depends on several factors,
including when the expenses were paid, when the adoption was finalized
and even whether your new son or daughter is a U.S. citizen or resident.
If you adopt an American child or resident, here are the Internal Revenue
Service guidelines on when you can take the credit:
For adoption expenses you pay in: Take the credit in:
- any year before the year the adoption becomes final,
- the year after the year of the payment,
- the year the adoption becomes final,
- any year after the year the adoption becomes final,
- the year of the payment.
The rules for an international adoption are slightly different. In these
cases, any costs you incur cannot be taken until the year the adoption
is final. With domestic adoptions, you can claim your expenses even if
the adoption never is completed.
Court costs, adoption charges, attorney fees and travel expenses are
some of the items covered by the credit. Expenses related to surrogate
parents or the adoption of a spouse's child aren't allowed.
In addition to the tax credit, adoptive parents who get financial help
from their companies may be able to avoid paying tax on up to $5,000 ($6,000
for special needs kids) of that employee benefit. You may claim this income
exclusion along with the tax credit for the same adoption, but you cannot
use both to write off the same expense. For example, if your company reimburses
your adoption travel costs, you cannot use these expenses as part of your
credit filing.
There are a few other adoption credit limitations to keep in mind. First,
the credit amount is per child, not per year. So if the adoption of your
son takes four years and costs $8,000, you will be able claim only $5,000
of your expenses during that whole time. Second, the credit begins phasing
out if your adjusted gross income exceeds $75,000. You can't take it at
all if you make more than $115,000. Those limits apply to either single
or married filing jointly filers.
The tax news for adoptive parents in 2002 and beyond gets better. For
this and future tax years, the credit amount jumps to $10,000 per child,
whether the youngster is special needs or not. The starting point of the
credit phase-out range also doubles to $150,000 and taxpayers will be
able to make as much as $189,999 and still get some of the credit.
Details on the adoption tax credit and exclusion can be found in IRS
Publication 968, Tax Benefits for Adoptions" To view the Adobe Acrobat
file click
here. If you do not have Adobe Acrobat Reader installed on your computer
download it for free by clicking
here.
A variety of adoption benefits may be available to you through your employer.
Some companies offer adoption expense assistance or legal service plans
to help defray the costs of adoption. Further, employers may offer paid
or unpaid parental leave for employees who adopt. Check with your employer's
human resources department to see what employee benefits may be available
to you.
In a private or agency assisted adoption, it is common for potential
adoptive parents to pay for birthmother living expenses or medical care
before the baby is born. In the event that the adoption does not go forward,
these expenses are generally not reimbursable. Adoption cancellation insurance
was formerly, but is not currently, available for purchase by potential
adoptive parents. The National Adoption Foundation is currently negotiating
with carriers to provide adoption cancellation policies in the near future.
Adoption loans and a limited amount of grants are available through the
National Adoption Foundation. Contact the foundation for further information
at (203) 791-3811.
Please contact us for more information about our services by email or phone:
The Law Firm of Debra J. Braselton, P.C.
One Oakbrook Terrace, Suite 418
Oakbrook Terrace, IL 60181
Telephone (630) 261-1222
Facsimile (630) 261-1229
djb@family-law-illinois.com
© Copyright 2001-2006 Debra J. Braselton, PC. All rights reserved
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