A. The clerk of the court shall file pleadings captioned pursuant to the provisions of Section 32A-5-9 NMSA 1978. The clerk of the court shall not file incorrectly captioned pleadings.
B. The clerk of the court shall mail a copy of the request for placement to the department within one working day of the request for placement being filed with the court. The attorney for the person requesting placement shall provide to the clerk of the court a copy of the request for placement and a stamped envelope addressed to the department as specified in department regulation.
C. The clerk of the court shall mail a copy of the petition for adoption within one working day of the petition for adoption being filed with the court. The attorney for the petitioner shall provide to the clerk of the court a copy of the petition for adoption and a stamped envelope addressed to the department as specified in department regulation.
D. The clerk of the court shall mail a copy of the decree of adoption to the department within one working day of the entry of the decree of adoption. The attorney for the petitioner shall provide to the clerk of the court a copy of the decree of adoption and a stamped envelope addressed to the department as specified in department regulation.
E. In any adoption involving an Indian child, the clerk of the court shall provide the secretary of the interior with a copy of any decree of adoption or adoptive placement order and other information as required by the federal Indian Child Welfare Act of 1978. The attorney for the petitioner shall provide to the clerk of the court a copy of an adoption decree, an adoptive placement order, any other information required by the federal Indian Child Welfare Act of 1978 and a stamped envelope addressed to the secretary of the interior.
F. The clerk of the court shall provide a certificate of adoption with an adoptee's new name.
G. The attorney for the petitioner shall forward the certificate of adoption provided for in Subsection F of this section as follows:
(1) for a person born in the United States, to the appropriate vital statistics office of the place, if known, where the adoptee was born; or
(2) for all other persons, to the state registrar of vital statistics.
History: 1978 Comp., § 32A-5-7, enacted by Laws 1993, ch. 77, § 134; 1995, ch. 206, § 28; 2005, ch. 189, § 59.
Cross references. — For the Federal Indian Child Welfare Act of 1978, see 25 U.S.C. § 1901.
The 2005 amendment, effective June 17, 2005, in Subsection F, provided that the clerk of the court shall provide a certificate of adoption with the adoptee's new name; and added Subsection G, which provided that the attorney for the petitioner shall forward the certificate of adoption as provided in Subsection G(1) and (2).
The 1995 amendment, effective July 1, 1995, substituted "32A-5-9" for "32-5-9" in Subsection A and added the second sentence in Subsection E.
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.