NEW MEXICO

 Residents or nonresidents may adopt if the adoptee is a resident of New Mexicoor was born in New Mexico but is less than 6 months of age and placed by alicensed agency. An unmarried adult may adopt and a married person, whether anadult or minor, may adopt. However, a married person must adopt jointly withhis or her spouse unless they are legally separated, the failure of thenonjoining spouse to join is excused by the court, or it is a stepparentadoption.

Who Can Be Adopted?

 Any person can be adopted.

Consent to Adoption

 The following parties must give written consent to the adoption:

 (1) the natural mother of the adoptee;

 (2) the presumed father of the adoptee; if

 he and the mother have been or are married and the child was born during themarriage or within 300 days after the marriage was over, or

 before the child was born the presumed father and mother attempted to marryeach other and the child was born during the attempted marriage or 300 daysafter it was over;

 (3) the biological father, if

 after the child's birth he and the mother married or attempted to marry andwith his consent he was named the father on the birth certificate, or he isobligated to support the child under a promise or court order, or

 he has held himself out to be the father and has established a custodial,personal, or financial relationship with the child;

 (4) the child-placing agency, if it has custody; and

 (5) the adoptee, if over 10 years of age, unless the court finds the adopteementally incapable of such consent.

 Consent is not required of

 (1) a parent who has left the adoptee unidentified for 14 days;

 (2) a parent who has left the adoptee with someone else and has not providedsupport or communication for a period of 3 months, if the adoptee is under 6years of age, or 6 months if the adoptee is over 6 years of age;

 (3) a parent whose rights have been terminated;

 (4) a parent who has been judged to be mentally incapable of consenting andthe disability will continue for a long period of time;

 (5) a parent who has given up the child to a child-placing agency;

 (6) a biological father of a child conceived as a result or rape or incest;or

 (7) a putative father who has failed to register with the putative fatherregistry within 90 days of the child's birth.

Consent cannot take place until at least 48 hours after the birth of the child.Consent cannot be withdrawn prior to entry of adoption unless the court findsthat consent was obtained by fraud. In no event can consent be withdrawn afterthe entry of the adoption decree.

Putative Father Registry

 If a putative father registers with the putative father registry, heacknowledges paternity. The court must give such father notice of the adoptionand require his consent.

Confidentiality

 All hearings in adoption are confidential and are to be held in a closedcourt. All records are confidential and are withheld from public inspection.Records can only be open for inspection by the biological parent or adoptee, if18 years of age or older, upon a court order. The identity of the biologicalparent shall be confidential, unless the biological parent and the adoptee, whois 18 years of age or older, have consented to release of this information. Inthe absence of such consent, only nonidentifying information can be released.

Permissible Fees

 The adoptive parent must file with the court an accounting of alldisbursements of anything of value made in connection with the adoption.

Place of Adoption Hearing

 The adoption hearing may take place in the county where the adoptive parent oradoptee lives or where the child-placing agency is located.

Authority To Place Child

 The Human Services Department or any person or agency certified, licensed, orotherwise empowered to place a minor in homes in this State or in any otherState for the purpose of adoption has authority to place the child.

Relative Adoption

 If a relative is adopting a child who has lived with the relative for at least1 year, then the adoption does not need to take place through an authorizedchild-placing agency or person and a preadoption home study does not need to occur.

State Law: FullText

Not available in electronic form at this time for this state, sorry.

Attorney ReferralService

State Bar of New Mexico
P.O. Box 25883
Albuquerque, NM 87125
(505) 842-6132

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