2021 New Mexico Statutes
Article 1 - GENERAL PROVISIONS
Section 40-10A-108 - Notice to persons outside state.

(a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.
(b) Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.
(c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
History: Laws 2001, ch. 114, § 108.
Notice to interested parties. — Where jurisdiction is sought to be established under the Child Custody Jurisdiction Act (now see the Uniform Child-Custody Jurisdiction and Enforcement Act), a petitioner must obtain service upon the other parties entitled to such notice by affirmatively undertaking to give notice and obtain service upon other interested parties as contemplated by this section. In re Sabrina Mae D., 1992-NMCA-050, 114 N.M. 133, 835 P.2d 849, cert. denied, 113 N.M. 744, 832 P.2d 1223.
Waiver of notice. — Mother's handwritten document authorizing grandparents to sign any necessary papers for medical reasons for the child was insufficient to constitute consent to relinquish complete custody of her child to grandparents; nor was such document sufficient to constitute a valid waiver of notice or consent by her to submit to jurisdiction under Subsection D of 40-10-6 NMSA 1978 (now see this section). In re Sabrina Mae D., 1992-NMCA-050, 114 N.M. 133, 835 P.2d 849, cert. denied, 113 N.M. 744, 832 P.2d 1223.

Structure 2021 New Mexico Statutes