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 biological father of an adoptee conceived as a result of rape or incest;
D. a person who has failed to respond when given notice pursuant to the provisions of Section 32A-5-27 NMSA 1978; or
E. an alleged father who has failed to register with the putative father registry within ten days of the child's birth and is not otherwise the acknowledged father.
History: 1978 Comp., § 32A-5-19, enacted by Laws 1993, ch. 77, § 146; 1997, ch. 34, § 12; 2001, ch. 162, § 4.
The 2001 amendment, effective June 15, 2001, in Subsection E, substituted "an alleged father" for "any putative father"; inserted "and is not otherwise the acknowledged father"; and deleted former Subsection F, which read "any alleged father".
The 1997 amendment, effective July 1, 1997, substituted "32A-5-27" for "32-5-27" in Subsection D, added Subsection F, and made minor stylistic changes at the end of Subsections D and E.
Adoptee conceived as result of rape. — Man convicted of criminal sexual penetration of a child had no constitutional right under the due process clause of the United States or New Mexico constitutions to withhold consent to adoption of the child conceived and born as a result of that act. Christian Child Placement Serv. of the N.M. Christian Children's Home v. Vestal, 1998-NMCA-098, 125 N.M. 426, 962 P.2d 1261.
Criminal sexual penetration of 16-year-old not rape. — Child conceived as a result of fourth-degree criminal sexual penetration of a 16-year-old was not conceived "as a result of rape" authorizing dismissal of the father from adoption proceedings under Subsection C of this section. State ex rel. Children, Youth & Families Dep't v. Paul P., 1999-NMCA-077, 127 N.M. 492, 983 P.2d 1011.
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.