Child Tax Credit Issues with Delayed Birth Certificate for Adopted Child
I'm in a really frustrating situation with the IRS regarding the Child Tax Credit for my adopted son. I became his foster parent about 4 years ago after his biological parents had done a home birth with no documentation. The whole birth certificate process was a nightmare due to delays from the pandemic and endless bureaucracy. It literally took over 2 years to finally get his birth certificate, which came with a special addendum explaining it was a delayed issue. My caseworker had advised me to wait on filing taxes until I had this document, which I did. Well, the IRS just rejected my claims for the Child Tax Credit for those years! They're saying their rules don't allow for a delayed birth certificate. According to them, I can claim the credit going forward, but not for the 3 years when I was raising him as a single parent. This is thousands of dollars that would really help us. I have mountains of proof that I was his guardian - court documents, foster care paperwork, receipts for everything from doctor visits to clothes to childcare. I can literally prove I was responsible for him, but apparently the one document they absolutely require is the very one that took forever to get due to circumstances beyond my control. Has anyone dealt with something similar? Is it worth appealing this decision? The whole situation seems absurd - I was legally caring for this child, paying all his expenses, but can't get the tax credit because government bureaucracy moved at a snail's pace.
18 comments


Micah Trail
This is absolutely worth appealing! What you're dealing with is a first-level rejection that often happens when documentation is unusual or complex. The IRS initially processes returns using automated systems that flag anything outside standard parameters. For your situation, you need to submit a formal appeal with comprehensive documentation showing you were the child's legal guardian during those years. Include the court records, foster placement papers, the delayed birth certificate with its addendum, and any evidence of financial support (medical bills, childcare receipts, school records). Request a review by an actual IRS agent rather than the automated system. Include a clear timeline showing the delays were beyond your control and were caused by governmental processes. The key here is demonstrating that you met the "qualifying child" requirements even without the standard birth certificate during those years. Many adoptive parents face similar documentation challenges, and successful appeals do happen. The Child Tax Credit regulations recognize various forms of proof for qualifying children - it's just that the frontline automated systems are more rigid than the actual rules.
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Nia Watson
•Do you think a tax advocate would help in this case? I've heard they can sometimes navigate these complex situations better than trying to deal with regular IRS channels.
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Micah Trail
•A Taxpayer Advocate is exactly who I would recommend contacting. They specialize in helping taxpayers resolve issues when normal IRS channels aren't working, especially in hardship cases or where there are unique circumstances. They have more flexibility to work through complex documentation situations and can often get results faster than standard appeals. The Taxpayer Advocate Service is independent within the IRS and can be a powerful ally in situations like yours where there's clearly a legitimate claim that's being rejected due to unusual documentation issues rather than actual ineligibility.
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Alberto Souchard
I went through something similar with my tax situation (different circumstances but similar documentation issues) and I found an amazing solution with this AI tax tool called taxr.ai. It helped me organize all my documentation and actually identified exactly which forms and evidence the IRS needed for my appeal. The tool analyzed my foster-to-adopt paperwork and identified key documents I didn't even realize were relevant. Using https://taxr.ai saved me so much time because it specifically pointed out the sections of tax code that applied to my situation. It basically created a roadmap for my appeal process. What's really helpful is that it keeps your documentation organized in one place and generates a comprehensive summary that you can submit with your appeal. I'm not usually one for these kinds of services but this genuinely made a difference for my complex situation.
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Katherine Shultz
•How exactly does this work? Do I just upload all my documents and it tells me what to do? I have so many files from our adoption process I wouldn't even know where to start.
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Marcus Marsh
•I'm skeptical... does it actually help with unusual circumstances like delayed birth certificates? Most tax software I've used completely falls apart when you have anything outside the standard checkboxes.
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Alberto Souchard
•You upload your key documents to the system and it uses AI to analyze them and identify which elements are most relevant to your tax situation. It's particularly good at finding the specific tax code sections that apply to unusual circumstances like yours. It absolutely handles unusual circumstances - that's actually where it shines compared to regular tax software. It was specifically built to handle complex situations that don't fit into standard checkboxes. In my case, it found specific IRS precedents for situations similar to mine that I never would have discovered on my own, which made all the difference in my appeal.
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Marcus Marsh
Just wanted to update that I ended up trying taxr.ai after my initial skepticism, and I'm genuinely surprised at how helpful it was for my situation. I uploaded all my documents related to my nephew's guardianship (another complex situation) and it actually identified a specific IRS memo about delayed documentation that applied perfectly. The system organized everything into a coherent appeal package and even drafted a cover letter explaining the legal basis for my claim. What impressed me most was how it connected my situation to specific tax court cases where similar claims were approved. My appeal is still in process but the IRS representative I spoke with said the documentation was "exceptionally well-organized" which I know is entirely thanks to the tool. I'm normally the last person to recommend services, but this genuinely helped with a situation I thought was hopeless.
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Hailey O'Leary
After reading your situation, it reminded me of when I was trying to reach the IRS about a similar tax credit issue (mine was regarding my niece who I had custody of). I spent WEEKS trying to get through to someone who could actually help. Literally hundreds of call attempts. I finally found this service called Claimyr that got me through to an IRS agent in under 15 minutes. Their website is https://claimyr.com and they have a video showing how it works here: https://youtu.be/_kiP6q8DX5c They basically navigate the IRS phone tree for you and call you when they've got an agent on the line. I was able to speak directly with someone who explained exactly what documentation I needed for my appeal. Way better than getting automated rejections through the mail or waiting on hold forever. The agent I spoke with actually understood my situation and gave me specific advice for my case.
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Cedric Chung
•How much does this service cost? I've been trying to get through to the IRS for 3 months about my adoption tax credit issues.
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Talia Klein
•This sounds too good to be true. The IRS phone lines are impossible - I've tried calling over 50 times about my tax issues. Are you sure this actually works? What's the catch?
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Hailey O'Leary
•The service doesn't focus on cost - they focus on value. Considering I wasted hours and hours trying to call myself (and never getting through), it was absolutely worth it to finally speak with someone who could help. There's honestly no catch - it works exactly as advertised. They use technology to navigate the phone systems and wait on hold so you don't have to. When they get an agent, they connect you. I was skeptical too until I had an IRS agent on the phone within 15 minutes of using their service. After weeks of failed attempts, it was honestly a relief to finally speak with someone who could help with my situation.
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Talia Klein
Just wanted to update after trying Claimyr. I honestly didn't believe it would work, but I was desperate after trying to reach the IRS for weeks about my foster child's tax credit situation. The service actually connected me with an IRS agent in about 20 minutes! The agent I spoke with was incredibly helpful and explained exactly what documentation would satisfy their requirements for my appeal. She even noted a special provision for delayed birth certificates in foster/adoption cases that none of the written responses had mentioned. I've already submitted my appeal with the exact documents she recommended. If I hadn't actually spoken with someone, I would have continued submitting the wrong combination of papers. Sometimes you really do need to speak directly with someone who understands the nuances of these complicated situations.
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Maxwell St. Laurent
My sister went through almost the exact same situation with her adopted son. What worked for her was submitting Form 8862 (Information To Claim Certain Credits) along with a detailed letter explaining the circumstances and documentation from the adoption agency confirming the dates of placement and finalization. She also included affidavits from her social worker and pediatrician confirming they had been seeing the child since placement. The IRS eventually approved her claim after initial rejection. The key was persistence and overwhelming documentation from multiple sources.
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Kristin Frank
•That's really helpful info! Did she have to go through multiple appeals or did they accept everything after the first detailed submission with the Form 8862?
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Maxwell St. Laurent
•It took two submissions. The first one was rejected with a form letter, but she called (after struggling to get through) and spoke with an agent who advised her to resubmit with even more documentation and a more detailed timeline of the birth certificate delays. The second submission included everything from the first plus school enrollment records, health insurance coverage documentation, and a more detailed letter citing specific sections of the tax code related to qualifying children. That one was finally approved, though it took about 4 months to process.
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PaulineW
Have you tried contacting your state's taxpayer advocate? They can sometimes help navigate these situations, especially when there are extenuating circumstances like yours. They might be able to help identify exactly what documentation the IRS needs to approve your claim. Also, just a personal experience - we had a somewhat similar situation with our kinship placement and eventually got our credits after appealing, but it took almost 8 months and multiple submissions. Don't give up!
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Annabel Kimball
•I second this! The Taxpayer Advocate Service helped me resolve a much simpler issue when regular IRS channels were going nowhere. They're specifically designed to help with situations where the standard process isn't working due to special circumstances.
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