Since many adoptees search to obtain their medical history...?

Question

and that reason is usually recognised by the courts as "good cause," shouldn't search fees be tax deductible as a legitimate medical expense? Isn't this search for medical history comparable to any other medical procedure that attempts to ascertain a "base line," such as a mamogram or a colonoscopy.

Answer 1

Most adoptees don't even get medical history because judges don't consider it just cause.  No its not the same because they don't want us to contact our  parents. They assume erroneously that our natural parents don't want their unwanted children coming back to haunt them.  I heard this from a state legislator.

I can't get my full medical history.  Indiana won't let me contact my natural father.

Answer 2

I think the problem is that when you open the records you are not only opening medical information you are opening the whole case. Some bio's have made it clear in the records that they want no contact. I think the answer is to have 2 sets of records. One with the whole case and One with just the medical records. That way the medical information could be given without violation of the bio's wishes for not wanting to be found.

Answer 3

Just like the other poster, I have never heard of an adoptee who has been successful in getting their records opened for ANY reason.

I'm with you, though!  And the agencies can (and some do) charge outrageous fees to give out scant 'information', maybe adoptees should be allowed to write those expenses off as well.

Answer 4

You certainly could try it, but you would have to have a compelling reason (such as an already identified problem).  

For instance, you can deduct the costs of attending a medical conference specific for your illness, but you could not deduct it for some generalized health thing.

Answer 5

I've never heard of records being opened for even medical history.  In fact, all of the adopted people I know that have petitioned the courts due to medical reasons, have had their petitions denied.  Maybe it's just the judges here, but they won't open them for ANYTHING.  

However, I do agree with your reasoning, definitely!

Answer 6

Some agencies include medical records in their "non identifying" information.  Of course, that's only the medical history up until the time of the adoption.  In many cases, a lot of important 'medical events' occur after the adoption is finalized.

As a tax preparer, IMO it's stretching the intent of the "medical tax deduction" a "tinsy bit".  LOL  You could try, however, including it on your return.  If you are the lucky recipient of a "audit notice", you can make your case in front of an IRS auditor.  Who knows, it could be another adoptee, and they might let it fly!  Ya never know!

Good luck...and be sure to let US know!  : )

Answer 7

Indeed, medical information is not considered "good and compelling cause."

By the way, even if you know your entire natural family and have relationships with them and bring them to the court with you, it still doesn't work.

Also, Oregon and Alabama have open records.  The adoptee and receive their OBC as an adult.  The natural parents can file a contact preference form, stating whether or not they want contact.  Imagine that, they allow adults to handle their own relationship issues.  Recently, the Oregonian newspaper which vehemently opposed open record 9 years ago when records were open in Oregon, ran an article stating that absolutely NONE of the problems they feared could happen, including breaches of the contact preference, had NOT happened.  A few years into open records there, stats showed that a little over 8,000 adoptees had received their birth records.  Only 84 contact preference forms asking for no contact had been filed.  Like the Oregonian said, no problems have arisen from open records in Oregon.

EDIT:

Consider this as well.  Because reunions happen every day, OBC's often are not necessary to keep that from occurring.  Check out Oprah, newspapers, Montel, etc. to see the reunion stories.  As we know, some of these reunions haven't gone so well.

Therefore, if contact preference forms are used, it actually decreases the number of adoptees who make contact with natural parents who prefer no contact, as they already know what the outcome would be.  Oregon and Alabama are proof of that, since the contact preference form method is working.