A. A minor child is a permissible party, but is not a necessary party to a proceeding pursuant to this article.
B. The district court shall appoint a guardian ad litem to represent a minor or incapacitated child if the child is a party or the district court finds that the interests of the child are not adequately represented.
History: Laws 2009, ch. 215, § 6-612.
Effective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
Child not automatically party. — Nothing in the statute indicates that a child is automatically a party by virtue of the fact that a child could benefit from the proceedings. Webb v. Menix, 2004-NMCA-048, 135 N.M. 531, 90 P.3d 989.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Necessity or propriety of appointment of independent guardian for child who is subject to paternity proceedings, 70 A.L.R.4th 1033.
Structure 2021 New Mexico Statutes
Article 11A - New Mexico Uniform Parentage Act
Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE
Section 40-11A-601 - Proceeding authorized.
Section 40-11A-602 - Standing to maintain proceeding.
Section 40-11A-603 - Parties to proceeding.
Section 40-11A-604 - Personal jurisdiction.
Section 40-11A-606 - No limitation; child having no presumed, acknowledged or adjudicated father.
Section 40-11A-607 - Limitation; general.
Section 40-11A-608 - Authority to deny motion for genetic testing.
Section 40-11A-609 - Limitation; child having acknowledged or adjudicated father.
Section 40-11A-610 - Joinder of proceedings.