The adoption tax credit is one area of the tax code that same-sex couples may actually benefit from, notes a Feb. 25 article on CNN Money. Same-sex couples are eligible to claim the adoption tax credit when adopting the child of his or her partner, known as a second parent adoption. Fees for such an adoption can top $5,000. The adoption tax credit may help same sex couples recoup the costs of the home study, court costs and legal processes, all of which are required components of a legal adoption.
Second parent adoptions arise when one member of a same-sex couple has either given birth to a child naturally, or adopted the child him or herself. In second parent adoption situations, the couple is not legally married. Second parent adoption differs from step-parent adoption, which occurs for legally married couples. Unfortunately, second parent adoptions are only allowed in about half of the states, according to the National Resource Center for Foster Care and Permanency Planning.
The adoption tax credit is one of the few tax laws that same-sex couples can benefit from differently than opposite-sex married couples. Opposite-sex married couples can file for the adoption tax credit when they jointly adopt a child.