Do I still qualify for the Child Tax and the Earned Income Credit if my daughter died shortly after birth?

Question

I gave birth to my daughter in July, but she only lived for 34 hours, I was just wondering if I can still claim her on my taxes and get the child tax credit and the earned income tax credit?

Answer 1

Yes, you are entitled to claim her for everything that you would had she lived, since she was born alive.  You probably never got her a SSN so you will have to include a copy of her birth and death certificates and do a mail in return so you can include them.

I am sorry for your loss.

Answer 2

You may be able to claim an exemption for a child who was born alive during the year, even if the child lived only for a moment.  There must be proof of a live birth shown by an official document such as a birth certificate.

For the child tax credit a child is considered to have lived with you for all of 2008 if the child was born or died in 2008 and your home was the child's home for the entire time she was alive.  The same is true for the earned income credit.

Sharon, HR Block Sr. Tax Advisor V

This advice was prepared based on our understanding of the tax law in effect at the time it was written as it applies to the facts that you provided.  Click on my profile to read more.

Answer 3

Just wanted to say sorry for your loss. Precious baby.