Section 40-14-1 – Short title.
This act [40-14-1 to 40-14-15 NMSA 1978] may be cited as the “Adult Adoption Act”. History: Laws 1993, ch. 296, § 1. ANNOTATIONS Cross references. — For the Adoption Act, see Chapter 32A, Article 5 NMSA 1978.
Section 40-14-10 – Response to petition.
A. Any person who responds to a notice of petition for adoption shall file a verified response to the petition within the time limits set forth in Section 12 of the Adult Adoption Act. B. The verified response shall be made pursuant to the Rules of Civil Procedure for the District Courts and, in addition, […]
Section 40-14-11 – Appointment of attorney for incompetent adoptee.
Upon motion of any party, or upon the court’s own motion, the court may appoint an attorney for an adoptee whom the court finds to be incompetent. Payment for the appointed attorney shall be assessed against the parties in the court’s discretion. History: Laws 1993, ch. 296, § 11.
Section 40-14-12 – Adjudication; disposition; decree of adoption.
A. The court shall conduct a hearing on the petition for adoption. The petitioner and the adoptee shall attend the hearing, unless the court waives a party’s appearance for good cause shown by the party. As used in this subsection, “good cause” includes burdensome travel requirements. B. The petitioner shall present and prove each allegation […]
Section 40-14-13 – Status of adoption and petitioner upon entry of decree of adoption.
A. Once adopted, an adoptee shall take a name agreed upon by the petitioner and the adoptee and approved by the court. B. After adoption, the adoptee and the petitioner shall sustain the legal relation of parent and child as if the adoptee were the biological child of the petitioner and the petitioner were the […]
Section 40-14-14 – Birth certificates.
A. Within thirty days after an adoption decree is entered, the petitioner shall prepare an application for a birth certificate in the new name of the adoptee showing the petitioner as the adoptee’s parent and shall provide the application to the clerk of the court. The clerk of the court shall forward the application: (1) […]
Section 40-14-15 – Recognition of foreign decrees.
Every judgment establishing the relationship of parent and child by adult adoption issued pursuant to due process of law by the tribunals of any other jurisdiction within or without the United States shall be recognized in this state, so that the rights and obligations of the parties as to matters within the jurisdiction of this […]
Section 40-14-2 – [Definitions.]
As used in the Adult Adoption Act: A. “adoptee” means any adult who is the subject of an adoption petition; B. “adult” means any individual who is eighteen years of age or older; C. “court” means the district court; D. “parent” means the biological or adoptive parent; E. “person” means an individual; F. “petitioner” means […]
Section 40-14-3 – Jurisdiction.
The court shall have original jurisdiction over proceedings arising under the Adult Adoption Act. History: Laws 1993, ch. 296, § 3.
Section 40-14-4 – Venue.
A. A petition for adoption may be filed in any county where: (1) a petitioner resides; or (2) the adoptee resides. B. A court that has jurisdiction under the Adult Adoption Act may decline to exercise jurisdiction any time before entering a decree if the court finds that under the circumstances of the case it […]
Section 40-14-5 – Who may be adopted; who may adopt.
A. Any adult may be adopted. B. Residents who are one of the following may adopt: (1) any adult who has been approved by the court as a suitable adoptive parent pursuant to the provisions of the Adult Adoption Act; or (2) a married adult, without the spouse of the married adult joining in the […]
Section 40-14-6 – Consent to the adoption.
A. Consent to the adoption shall be required of the adoptee or a person legally authorized to consent on behalf of the adoptee if the adoptee is incapacitated and unable to consent to the adoption. B. A consent shall be in writing, signed by the adoptee and shall state the following: (1) the date, place […]
Section 40-14-7 – Petition; content.
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 […]
Section 40-14-8 – Petition; caption.
The caption of a petition for adoption shall be styled “In the Matter of the Adoption Petition of (Petitioner’s Name)”. History: Laws 1993, ch. 296, § 8.
Section 40-14-9 – Notice of petition; service; waiver.
A. A copy of the petition for adoption shall be served by the petitioner on the following individuals, unless receipt of a copy of the petition has been previously waived in writing: (1) the adoptee; (2) the parents of the adoptee; (3) the legally appointed conservator or guardian of the adoptee; (4) the spouse of […]