The 5 New Mexico Adoption Laws You Need to Know

Adoption laws vary in each state. Everything from a birth father's rights to open adoption can be different from state to state. We've gathered the five most important New Mexico adoption laws you need to know about when considering this for your family.

Top 5 New Mexico Adoption Laws

Birth Father's Legal Rights

Does my baby's father have to agree to the adoption in New Mexico?

Consent to adoption is required from the presumed or acknowledged father unless the child was conceived in rape, the father has abandoned the child, his parental rights have been terminated, the alleged father has failed to register as a putative father or respond to notice.

N.M. Stat. Ann. §§ 32A-5-7, 32A-5-18, 32A-5-19 (2019)

New Mexico has a putative father registry. Upon a proceeding for adoption, a potential adoptive parent must show a certificate of a search of the registry.

N.M. Stat. Ann. §§ 32A-5-20 (2019)

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Expectant/Birth Mother Living Expenses

Can I get help with my living expenses during my pregnancy in a New Mexico adoption?

Adoptive parents must make payments to third party vendors directly and may pay for adoption services, medical care, counseling services, living expenses of a mother and her dependent children, for a reasonable time before the birth and for no more than six weeks after the birth or placement of the adoptee, expenses incurred for the purposes of full disclosure, legal services, any other expense the court approves.

N.M. Stat. Ann. § 32A-5-34(A-B) (2019) 

Separate Legal Representation

Will I be offered my own New Mexico adoption lawyer?

The court may appoint a guardian ad litem for a party that is a minor or incompetent. Regardless of your age, you still need to make sure you have your own attorney paid for by the agency or adoptive parents. Any family you choose from AdoptMatch will make sure you have your own attorney.

N.M. Stat. Ann. § 32A-5-33 (2019) 

Open Adoption

How does Open Adoption work in New Mexico?

An agreement for postadoption contact will be presumed to be in the best interest of the child. The agreement must acknowledge that failure to comply with the agreement will not affect the validity of the adoption. The court may appoint a guardian ad litem to represent the interest of the child. The same court the adoption was filed in will retain jurisdiction over a petition to modify the agreement. The court will not modify the agreement unless there has been a change in circumstance and the agreement is no longer in the best interest of the child.

N.M. Stat. Ann. § 32A-5-35 (2019) 

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How does Consent to Adoption work in New Mexico?

How does the legal process for adoption work in New Mexico?

Consent may be executed after required counseling and forty-eight hours after the birth of the child. Consent must be in writing and executed in front of a judge.

N.M. Stat. Ann. § 32A-5-21(G) (2019) 

How long will I have to change my mind about adoption in New Mexico?

Consent to adoption or relinquishment may be withdrawn before an entry of decree of adoption if there is fraud. Consent is irrevocable after an entry of decree of adoption is entered.
 

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