A. The mother-child relationship is established between a woman and a child by:
(1) the woman's having given birth to the child;
(2) an adjudication of the woman's maternity; or
(3) adoption of the child by the woman.
B. The father-child relationship is established between a man and a child by:
(1) an unrebutted presumption of the man's paternity of the child pursuant to Section 2-204 of the New Mexico Uniform Parentage Act;
(2) an effective acknowledgment of paternity by the man pursuant to Article 3 of the New Mexico Uniform Parentage Act, unless the acknowledgment has been rescinded or successfully challenged;
(3) an adjudication of the man's paternity;
(4) adoption of the child by the man; or
(5) the man's having consented to assisted reproduction by a woman pursuant to Article 7 of the New Mexico Uniform Parentage Act that resulted in the birth of the child.
History: Laws 2009, ch. 215, § 2-201.
Effective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
Cross references. — For provisions relating to the determination of paternity when death occurs during proceedings for dissolution of marriage, separation, annulment of marriage or paternity, see 40-4-20 NMSA 1978.
For provisions relating to the establishment of a parent-child relationship for purposes of intestate succession, see 45-2-115 through 45-2-122 NMSA 1978 of the Uniform Probate Code.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Parental rights of man who is not biological or adoptive father of child but was husband or cohabitant of mother when child was conceived or born, 84 A.L.R.4th 655.
Structure 2021 New Mexico Statutes