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.
Cross references. — For provisions of Safe Haven for Infants Act, see 24-22-1 NMSA 1978 et seq.
For adult adoptions, see 40-14-1 to 40-14-15 NMSA 1978.
The 2003 amendment, effective July 1, 2003, substituted "Chapter 32A" for "Chapter 32". Identical amendments to this section were enacted by Laws 2003, ch. 294, § 1, and Laws 2003, ch. 321, § 1. This section is set out as amended by Laws 2003, ch. 321, § 1. See 12-1-8 NMSA 1978.
Equitable adoption. — New Mexico recognizes "equitable adoptions"; those that are inferred by the law in the absence of compliance with statutory requirements. However, this recognition will only be made when certain strict requirements have been satisfied, such as the formation of a legally valid agreement by the purported parent to adopt the child. Otero v. City of Albuquerque, 1998-NMCA-137, 125 N.M. 770, 965 P.2d 354.
Prerequisite for wrongful death recovery. — Child who had not been legally adopted by decedent and could not establish a basis for equitable adoption could not recover in a wrongful death action based on the accident that killed decedent. Otero v. City of Albuquerque, 1998-NMCA-137, 125 N.M. 770, 965 P.2d 354.
Law reviews. — For note, "Family Law - A Limitation on Grandparental Rights in New Mexico: Christian Placement Service v. Gordon," see 17 N.M.L. Rev. 207 (1987).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Adoption § 1 et seq.
Required parties in adoption proceedings, 48 A.L.R.4th 860.
Action for wrongful adoption based on misrepresentation of child's mental or physical condition of parentage, 56 A.L.R.4th 375.
Attorney malpractice in connection with services related to adoption of child, 18 A.L.R.5th 892.
Adoption of child by same-sex partners, 27 A.L.R.5th 54.
"Wrongful adoption" causes of action against adoption agencies where children have or develop mental or physical problems that are misrepresented or not disclosed to adoptive parents, 74 A.L.R.5th 1.
2 C.J.S. Adoption of Persons §§ 5 to 9.
Structure 2021 New Mexico Statutes
Section 32A-5-1 - Short title.
Section 32A-5-3 - Definitions.
Section 32A-5-4 - Application of the federal Indian Child Welfare Act of 1978.
Section 32A-5-5 - Indian child placement preferences.
Section 32A-5-6 - Authority of the department.
Section 32A-5-7 - Clerk of the court; duties.
Section 32A-5-8 - Confidentiality of records.
Section 32A-5-11 - Who may be adopted; who may adopt.
Section 32A-5-12 - Placement for adoption; restrictions; full disclosure.
Section 32A-5-13 - Independent adoptions; request for placement; placement order; certification.
Section 32A-5-14 - Pre-placement study.
Section 32A-5-14.1 - Criminal history records check; background checks.
Section 32A-5-15 - Termination of parental rights.
Section 32A-5-16 - Termination procedures.
Section 32A-5-17 - Persons whose consents or relinquishments are required.
Section 32A-5-18 - Implied consent or relinquishment.
Section 32A-5-19 - Persons whose consents or relinquishments are not required.
Section 32A-5-20 - Putative father registry; notice; penalty.
Section 32A-5-21 - Form of consent or relinquishment.
Section 32A-5-22 - Persons required to receive counseling; content and form of counseling.
Section 32A-5-23 - Persons who may take consents or relinquishments; accounting of disbursements.
Section 32A-5-24 - Relinquishments to the department.
Section 32A-5-25 - Petition; time of filing.
Section 32A-5-26 - Petition; content.
Section 32A-5-27 - Notice of petition; form of service; waiver.
Section 32A-5-28 - Response to petition.
Section 32A-5-29 - Custody pending decree.
Section 32A-5-30 - Removal of adoptee from the county.
Section 32A-5-31 - Post-placement report.
Section 32A-5-32 - Stepparent adoptions.
Section 32A-5-33 - Appointment of guardian ad litem or attorney for the adoptee or other party.
Section 32A-5-34 - Fees and charges; damages.
Section 32A-5-35 - Open adoptions.
Section 32A-5-36 - Adjudication; disposition; decree of adoption.
Section 32A-5-37 - Status of adoptee and petitioner upon entry of decree of adoption.
Section 32A-5-38 - Birth certificates.
Section 32A-5-39 - Recognition of foreign decrees.
Section 32A-5-39.1 - Application of the federal Intercountry Adoption Act.
Section 32A-5-40 - Post-decree of adoption access to records.
Section 32A-5-41 - Appointment of confidential intermediary.
Section 32A-5-42.1 - Unauthorized adoption facilitation; penalties.
Section 32A-5-42.2 - Advertising adoption services; requirements; penalties.
Section 32A-5-43 - Purpose of subsidized adoptions.