This bill amends the Internal Revenue Code to allow parents to claim the Child Tax Credit for stillborn children delivered after 20 weeks of gestation.
H. Griffith
Representative
VA-9
This bill amends the Internal Revenue Code to allow parents to claim the Child Tax Credit for stillborn children. It classifies a stillbirth occurring after 20 weeks of gestation as a qualifying child, enabling families to receive the credit without requiring a Social Security number.
This bill updates the Internal Revenue Code to allow parents who experience a stillbirth to claim the Child Tax Credit (CTC). Under current rules, the tax credit typically requires a child to be born alive and have a Social Security number. This legislation changes that by treating a stillborn child as a qualifying child for the tax year in which the delivery occurs, essentially acting as if the child had been born alive and passed away immediately after. The bill specifically targets pregnancies that reach at least 20 weeks of gestation before a spontaneous intrauterine fetal demise occurs.
For a family navigating the loss of a child, the financial reality often includes medical bills and funeral costs that hit all at once. By amending Section 24(c), this bill ensures these parents receive the same tax relief—currently up to $2,000 per child—that they would have received had the child survived delivery. For example, a couple who loses a child at 24 weeks would be eligible for the credit on their next tax return, providing a financial cushion during a period of significant emotional and economic strain. The bill defines an "unborn child" as a member of the species homo sapiens at any stage of development in utero, ensuring the credit applies specifically to these late-term losses.
One of the biggest hurdles in claiming tax benefits for a deceased dependent is the paperwork, specifically the requirement for a Social Security number (SSN). This bill removes that barrier for stillbirth cases. According to the new provisions, parents do not need to provide an SSN or a taxpayer identification number for the child to claim the credit. As long as the child would have been eligible for a number if they had been born alive, the IRS will process the credit. This is a practical shift that prevents grieving parents from having to navigate the Social Security Administration's bureaucracy for a number that, under current systems, they often cannot obtain for a stillborn child.
The rules are clear on who qualifies: the delivery must follow a spontaneous intrauterine fetal demise after a gestational period of 20 weeks or more. This 20-week marker aligns the tax code with many existing medical and state-level definitions of stillbirth. The changes are set to take effect for tax years ending after the date the bill is signed into law. This means if the bill passes this year, families who experience such a loss before December 31st would see the impact on their upcoming spring tax filing. It acknowledges the real costs of preparing for a child—from nursery setups to medical co-pays—that don't simply disappear when a pregnancy ends in loss.