Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in New Mexico may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of New Mexico child adoption law including such topics as adoption facilitators, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment
or Surrender).
Use of Facilitators in Adoptive Placements
Use of Intermediaries/Facilitators
Citation: Ann. Stat. § 32A-5-42(A)
No person, other than an agency, may select an adoptive family for a prospective adoptee or arrange for the selection.
The exchange of information between persons regarding the existence of a potential adoptee or adoptive family is not prohibited.
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: § 32A-5-34(B)
Medical, hospital, pharmaceutical, or nursing costs
Travel expenses
Counseling services
Living expenses for the mother and her dependent children
Legal fees and court costs
Any other court approved expenses
Birth Parent Expenses Not Allowed
Citation: § 32A-5-34(B), (C)
Living expenses beyond 6 weeks after the child's birth
Any payments other than those permitted by statute
Allowable Payments for Relinquishing Child
Citation: § 32A-5-34(D), (F)
It is unlawful to demand repayment of expenses to coerce consent.
It is not permitted to pay a woman to conceive and carry a child.
Accounting of Expenses Required by Court
Citation: § 32A-5-34(A)
Prior to the final hearing, the petitioner shall file a full accounting of all disbursements made or agreed to be made in connection with the adoption.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Ann. Stat. § 32A-5-17
Consent to adoption or relinquishment of parental rights to the department or an agency licensed by the State of New Mexico shall be required of the following:
The mother
The proposed adoptive parent
The presumed father
The acknowledged father
The department or the agency to whom the child has been relinquished that has placed the child for adoption
The guardian of the child's parent, when that guardian has express authority to consent to adoption
In any adoption involving an Indian child, consent to adoption by the petitioner or relinquishment of parental rights shall be obtained from an ''Indian custodian,'' as required by the provisions of the
Federal Indian Child Welfare Act of 1978 (25 U.S.C. § 1901, et seq.).
Age When Consent of Adoptee is Considered or Required
Citation: Ann. Stat. § 32A-5-17
Consent to adoption shall be required of the child, if age 14 or older, except when the court finds that the child does not have the mental capacity to give consent.
When Parental Consent is not Needed
Citation: Ann. Stat. §§ 32A-5-18; 32A-5-19
A consent to adoption shall be implied by the court if the parent, without justifiable cause, has:
Left the child without provision for the child's identification for a period of 14 days
Left the child with others, including the other parent or an agency, without provisions for support and without communication for a period of:
3 months, if the child was under age 6 at the commencement of the 3-month period
6 months, if the child was over age 6 at the commencement of the 6-month period
The consent to adoption shall not be required from:
A parent whose rights with reference to the child have been terminated
A parent who has relinquished the child to an agency for adoption
A biological father of a child conceived as a result of rape or incest
A person who has failed to respond when given notice pursuant to the provisions of § 32A-5-27
An alleged father who has failed to register with the putative father registry within 10 days of the child's birth and is not otherwise the acknowledged father
When Consent Can Be Executed
Citation: Ann. Stat. § 32A-5-21(G)
No consent to adoption or relinquishment of parental rights shall be valid if executed within 48 hours after the child's birth.
Revocation of Consent
Citation: Ann. Stat. § 32A-5-21(I)
A consent or relinquishment executed by a parent who is a minor shall not be subject to revocation solely by reason of the parent's minority.
A consent to or relinquishment for adoption shall not be withdrawn prior to the entry of a decree of adoption unless the court finds that the consent or relinquishment was obtained by fraud.
In no event shall a consent or relinquishment be withdrawn after the entry of a decree of adoption.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: § 32A-5-20(B)(2)
The putative father may file a notice of intent to claim paternity before or after the child's birth.
Please visit adoption law in New Mexico for more details. |