Chapter 32A, Article 5 NMSA 1978 may be cited as the “Adoption Act”. History: 1978 Comp., § 32A-5-1, enacted by Laws 1993, ch. 77, § 128; 2003, ch. 294, § 1; 2003, ch. 321, § 1. ANNOTATIONS Cross references. — For provisions of Safe Haven for Infants Act, see 24-22-1 NMSA 1978 et seq. For […]
A petition for adoption may be filed in any county where: A. a petitioner is a resident; B. the adoptee is physically present at the time the petition is filed; C. an office of the agency that placed the adoptee for adoption is located; or D. the department office from which the child was placed […]
A. Any child may be adopted. B. Residents who are one of the following may adopt: (1) any individual who has been approved by the court as a suitable adoptive parent pursuant to the provisions of the Adoption Act; and (2) a married individual without the individual’s spouse joining in the adoption if: (a) the […]
A. No petition for adoption shall be granted by the court unless the adoptee was placed in the home of the petitioner for the purpose of adoption: (1) by the department; (2) by an appropriate public authority of another state; (3) by an agency; or (4) pursuant to a court order, as provided in Section […]
A. When a placement order is required, the petitioner shall file a request with the court to allow the placement. An order permitting the placement shall be obtained prior to actual placement. B. Only a pre-placement study that has been prepared or updated within one year immediately prior to the date of placement, approving the […]
A. The pre-placement study shall be performed as prescribed by department regulation and shall include at a minimum the following: (1) an individual interview with each petitioner; (2) a joint interview with both petitioners; if a joint interview is not conducted, an explanation shall be provided in the pre-placement study; (3) a home visit, which […]
A. A nationwide criminal history records check shall be conducted on a person who files a petition to adopt a child, on prospective foster parents and on other adults residing in the prospective adoptive or foster parent’s household. A person who files a petition to adopt a child shall provide the department with a set […]
A. The physical, mental and emotional welfare and needs of the child shall be the primary consideration for the termination of parental rights. The court may terminate the rights of the child’s parents as provided by the Adoption Act. B. The court shall terminate parental rights with respect to a child when: (1) the child […]
A. A proceeding to terminate parental rights may be initiated in connection with or prior to an adoption proceeding. Venue shall be in the court for the county in which the child is physically present or in the county from which the child was placed. The proceeding may be initiated by any of the following: […]
A. Consent to adoption or relinquishment of parental rights to the department or an agency licensed by the state of New Mexico shall be required of the following: (1) the adoptee, if fourteen years of age or older, except when the court finds that the adoptee does not have the mental capacity to give consent; […]
A. A consent to adoption or relinquishment of parental rights required pursuant to the provisions of the Adoption Act shall be implied by the court if the parent, without justifiable cause, has: (1) left the adoptee without provision for the child’s identification for a period of fourteen days; or (2) left the adoptee with others, […]
The consent to adoption or relinquishment of parental rights required pursuant to the provisions of the Adoption Act shall not be required from: A. a parent whose rights with reference to the adoptee have been terminated pursuant to law; B. a parent who has relinquished the child to an agency for an adoption; C. a […]
The purpose of the Adoption Act is to: A. establish procedures to effect a legal relationship between a parent and adopted child that is identical to that of a parent and biological child; B. provide for family relationships that will give the adopted child protection and economic security and that will enable the child to […]
A. The purpose of the putative father registry is to protect the parental rights of fathers who affirmatively assume responsibility for children they may have fathered and to expedite adoptions of children whose biological fathers are unwilling to assume responsibility for their children by registering with the putative father registry or otherwise acknowledging their children. […]
A. Except when consent or relinquishment is implied, a consent or relinquishment by a parent shall be in writing, signed by the parent consenting or relinquishing and shall state the following: (1) the date, place and time of execution; (2) the date and place of birth of the adoptee and any names by which the […]
A. Counseling required pursuant to the provisions of this section shall occur prior to: (1) consent to the adoption; or (2) the relinquishment of parental rights. For good cause, the court may waive any or all counseling requirements. B. Counseling shall be required for the following persons: (1) the adoptee, if the adoptee is ten […]
A. A consent to adoption or relinquishment of parental rights shall be signed before and approved on the record by a judge who has jurisdiction over adoption proceedings, within or without this state, and who is in the jurisdiction in which the child is present or in which the parent resides at the time it […]
A. When a parent elects to relinquish parental rights to the department, a petition to accept the relinquishment shall be filed, unless an abuse or neglect proceeding is pending. If an abuse or neglect proceeding is pending, the relinquishment shall be heard in the context of that proceeding. B. In all hearings regarding relinquishment of […]
A. A petition for adoption shall be filed within sixty days of the adoptee’s placement into the proposed adoptive home if the adoptee is under the age of one year. If the adoptee is over the age of one year at the time of placement, the petition shall be filed within one hundred twenty days […]
A petition for adoption shall be filed and verified by the petitioner and shall allege: A. the full name, age and place and duration of residence of the petitioner and, if married, the place and date of marriage; the date and place of any prior marriage, separation or divorce; and the name of any present […]
