New Mexico Adoption Laws

Adoption Laws in New Mexico

Adoption Records Access

• Non-Identifying Information : Adoptive adults of age eighteen years or older and adoptive parents may obtain non identifying information.

• Identifying Information : If the birth parents have filed consent, then only the adopted adults of age eighteen or older can obtain the identifying information. If birth siblings want to obtain the information about the adopted adults of age 18 or older, then an adopted adult have to file consent.

• Confidential Intermediary Use:
  The following persons may use the confidential intermediary by requesting the court:
  • Adopted adults of age 18 years or older
  • Birth parents and grandparents
  • Birth siblings
  • Deceased adopted adults or birth parents

• Birth Certificate (Original): To obtain certificate, an adoptee must requests the court in which the adoption was finalized.

Statutes

• Citation:
  New Mexico Statutes (1999),
  Sections 32A-5-1 to 32A-5-45

• Contact Information:
  Legislative Council Services (ask for library)
  (505) 986-4600
  Fees Requirement: No

Consents

• Consent to an adoption shall be done by:
  Statute: - § 32A-5-17
  • The mother and presumed father
  • An authorized department
  • A legal agency
  • The guardian
  • If the child is Indian, then the custodian must be Indian

• Age Requirement for consideration of Adoptee Consent :
  Statute: - § 32A-5-17
  • A child of age 10 years or older must consent to the adoption.

• When Consent is not required :
  Statute: - §- § 32A-5-18; 32A-5-19
  • If parental rights are terminated or have been surrendered to a legal child-placing agency.
  • If a person did not responds to notice.
  • If an alleged father has failed to register with the putative father registry within ten days of the birth of child.
  • If the parents has failed to communicate or contact the child for three months (if the child is les than six years of age) or for six months (if the child is of age six years or older).

• Parental Consent can be executed :
  Statute: - § 32A-5-21(G)
  • At least 48 hours are required after the birth of child for consent execution.

• Consent Revocation:
  Statute: - § 32A-5-21(I)
  • Consent may be revoked if it was obtained by fraud or duress.
  Page1 | Page2