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Lawsky & Cahn: Embryo Exchanges and Adoption Tax Credits

Sarah B. Lawsky (George Washington) & Naomi R. Cahn (George Washington) have published Embryo Exchanges and Adoption Tax Credits, 123 Tax Notes 1365 (June 15, 2009).  Here is the abstract:

The “Option of Adoption Act,” a Georgia bill introduced by a staunchly anti-abortion Georgia state representative, establishes procedures for genetic donors to relinquish their rights to embryos before birth and permits, but does not require, embryo recipients to petition a court for recognition that they are the legal parents of a child born to them as a result of an embryo transfer.

This article clears up what seems to be widespread confusion about a fairly straightforward question of tax law related to such embryo “adoptions.” Notwithstanding various sources' claims to the contrary, neither a Georgia adoption tax credit nor a federal adoption tax credit is available for “adopting” an embryo.

For more, see Sarah's comments here.


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