Wait a minute, are you talking about the child tax credit? That is different. There IS a caveat on that that a child must live with you (or be born) for half the year.
So, you CAN claim the child as a dependent and pay less taxes but you will not get the child tax credit.
does that make sense?
Federal income tax is not governed by the state. Laws are the same in every state. A child born before Jan 1st (which means any tie before Dec. 31, 11:50 pm) can be counted as a deduction.
Your w2 is from your employer and what you had 'withheld' for taxes. That is totally separate than filing income tax forms for the previous year and claiming a child as a deduction.
Your good to claim baby as a dependent if you have him before Jan 1st, even if it is just a minute before. good luck
If I'm not sure I think they have to be born at least 6 months because my friend had her twins a year ago before w-2 came out and she couldn't claim them