Federal housing law
1125 Publ 5851-B (PDF)
Federal housing law as enacted — verbatim and citable.
- Edition
- 2026-10-03
- Last updated
- 2026-10-04
- Jurisdiction
- United States
Official source: IRS Forms, Instructions & Publications (https://www.irs.gov/pub/irs-pdf/p5851b.pdf), retrieved 2026-10-03. U.S. Government work (17 U.S.C. § 105).
Adoption Tax Credit¶
Taxpayers who adopted or started the adoption process during the year may qualify for the adoption credit. This credit can be applied to international, domestic, private and public foster care adoptions.
How to claim the credit¶
Complete Form 8839, Qualified Adoption Expenses, to figure how much credit you can…¶
Basic information/tax benefit¶
The tax credit is for qualified expenses paid to adopt a child:
✽ Employer-provided adoption assistance can be
excluded from income.
✽ Up to $5,000 of the credit is refundable even
if no tax is owed. The unused non-refundable portion of the credit can be carried forward for up to five years.
✽ Maximum adoption credit is $17,280 per
adopted child. There are income limits that could affect the amount of the credit.
✽ Adopted child must be under age 18 or is
physically or mentally incapable of self-care.
IRS.gov/adoption¶
Qualified expenses include¶
✽ Reasonable and necessary adoption fees.
✽ Court costs and legal fees.
✽ Adoption-related travel expenses like
meals and lodging.
✽ Other expenses directly related to the legal
adoption of a qualified child.
Expenses may qualify even if you pay them before an adoptive child is identified. For example, some future adoptive parents pay for a home study at the beginning of the adoption process. You can claim the fees as qualified adoption expenses.
You can’t claim this credit for the adoption of your spouse’s child.
But you can claim qualified adoption expenses paid if you are a registered domestic partner who lives in a state that allows a second parent or co-parent to adopt their partner’s child, if the expenses qualify for the credit.
Publication 5851-B (Rev. 11-2025) Catalog Number 95318X Department of the Treasury Internal Revenue Service www.irs.gov