A. The state registrar shall establish a new certificate of birth for a person born in this state when he receives the following:
(1) a report of adoption as provided in this section, a report of adoption prepared and filed in accordance with the laws of another state or country or a certified copy of the decree of adoption together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth; except that a new certificate of birth shall not be established if so requested by the court decreeing the adoption, the adoptive parents or the adopted person; or
(2) a request that a new certificate of birth be established and evidence as required by regulation proving that the person has been legitimated or that a court has determined the paternity of the person.
B. When a new certificate of birth is established, the actual place and date of birth shall be shown. It shall be substituted for the original certificate of birth. Thereafter, the original certificate and the evidence of adoption, paternity determination or legitimation shall not be subject to inspection except upon order of a court or in accordance with the provisions of Section 24-14-13 NMSA 1978 or in the case of a single adoptive parent.
C. Upon receipt of notice of annulment of adoption, the original certificate of birth shall be restored to its place in the files, and the new certificate and evidence shall not be subject to inspection except upon order of a court.
D. If no certificate of birth is on file for the person for whom a new certificate is to be established under this section, a delayed certificate of birth shall be filed with the state registrar as provided in Section 24-14-15 NMSA 1978 before a new certificate of birth is established.
E. For each adoption decreed by a court in this state, the court shall require the preparation of a report of adoption on a form prescribed and furnished by the state registrar. The report shall include such facts as are necessary to locate and identify the certificate of birth of the person adopted, shall provide information necessary to establish a new certificate of birth of the person adopted and shall identify the order of adoption and be certified by the clerk of the court.
History: 1953 Comp., § 12-4-39, enacted by Laws 1961, ch. 44, § 17; 1973, ch. 264, § 8; 1981, ch. 309, § 11; 1993, ch. 287, § 2.
Cross references. — For registration of births generally, see 24-14-13 to 24-14-15 NMSA 1978.
The 1993 amendment, effective June 18, 1993, in Subsection A, deleted "foreign" after "another state or" in Paragraph (1) and inserted "of birth" in Paragraph (2), and in Subsection B, inserted "or in accordance with the provisions of Section 24-14-13 NMSA 1978" in the second sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity and application of statute authorizing change in record of birthplace of adopted child, 14 A.L.R.4th 739.
Structure New Mexico Statutes
Chapter 24 - Health and Safety
Section 24-14-1 - Short title.
Section 24-14-2 - Definitions.
Section 24-14-3 - Vital records and health statistics bureau; state system.
Section 24-14-4 - State registrar; appointment.
Section 24-14-5 - Duties of state registrar.
Section 24-14-7 - Appointment and removal of local registrars.
Section 24-14-8 - Duties of local registrar.
Section 24-14-9 to 24-14-11 - Repealed.
Section 24-14-12 - Form and contents of certificates and reports.
Section 24-14-13 - Birth registration.
Section 24-14-14 - Unknown parentage; foundling registration.
Section 24-14-15 - Delayed registration of births.
Section 24-14-16 - Judicial procedure to establish facts of birth.
Section 24-14-18 - Report of induced abortions.
Section 24-14-19 - Adoption of foreign-born; certificate of birth.
Section 24-14-20 - Death registration.
Section 24-14-21 - Delayed registration of death.
Section 24-14-22 - Reports of spontaneous fetal death.
Section 24-14-22.1 - Certificates of still birth.
Section 24-14-23 - Permits; authorization for final disposition.
Section 24-14-24 - Extension of time.
Section 24-14-25 - Correction and amendment of vital records.
Section 24-14-26 - Reproduction of records.
Section 24-14-27 - Disclosure of records.
Section 24-14-28 - Copies or data from the system of vital statistics.
Section 24-14-29 - Fees for copies and searches.
Section 24-14-29.1 - Day-care fund created; use; appropriation.