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New Mexico's Adoption Laws
New Mexico
Statute: § 32A-4-33(A)-(C)
Records Confidential: Yes
Persons with access to records
CPS/State Agencies
Agencies From Other States
Courts/Judges
Law Enforcement
Attorneys General/Prosecutors
Attorneys, GAL's
Parents/Guardians
Treatment Providers
Persons without access to records
Grand Juries
Physicians
Reporters of Abuse
Researchers
Employers
Coroners
Review Teams
Subject of Reports
Public/Any Person
Other Substitute care
review board School personnel Indian tribes Protection and advocacy
representatives Foster parents Children's Safehouse organizations Court
Appointed Special Advocates Persons authorized by court order
© This information is from the National Adoption Information Clearinghouse.
The consent may be signed 48 hours after the birth of the child. In some cases the consent may be signed before a judge. Pre-consents are not allowed in the state of New Mexico. Revocation Time Frame in New MexicoThe consent is irrevocable upon signing if it signed before a judge.
New Mexico
Who May Adopt
Statute: § 32A-5-11
Any resident
who has been approved by the court
Non-residents
in cases in which a New Mexico agency or the department placed the child
A married person may file separately if a
stepparent or legally separated.
Who May Be Adopted
Statute: §§ 32A-5-11; 32A-5-5
Any child
An Indian
child should be placed with:
o His
extended family
o Members of
his tribe or
o Other
Indian families
Who May Place a Child for Adoption
Statute: § 32A-5-12
The
department
The
appropriate public authority of another State
An agency
The court
The parent
© This information is from the National Adoption Information Clearinghouse.
No information currently available.
New Mexico
Birth Parent Expenses Allowed Statute: § 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 Statute: § 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 Arranging Adoption Statute: §
32A-5-34(B)
Reasonable
and actual fees for services
Allowable Payments for Relinquishing Child Statute: §
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.
Allowable Fees Charged by Department/Agency Statute: §
32A-5-34(B)
It is the responsibility of the petitioner to cover the
cost of the preplacement study and the post-placement report.
Accounting of Expenses Required by Court Statute: § 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.
© This information is from the National Adoption Information Clearinghouse.
No information currently available.
New Mexico
Agency or Person Gathering Information
or Preparing Report Statute: § 32A-5-14
- Department of Children, Youth and Families
- Agency
- Investigators approved by the department
Contents of Report About Person to be
Adopted Statute: §§ 32A-5-3; 32A-5-14
- Health, psychological, medical, hospital,
medication, and genetic history
- Report of medical examination
- Placement history
- Physical description
- Educational achievements
Contents of Report About Birth Parents Not
addressed in statutes reviewed; generally, health and genetic history
Contents of Report About Adoptive
Parents Statute: § 32A-5-14
- Criminal record check
- Medical certificate
- Capacity and readiness for parenthood
- Employment; financial resources
- Emotional and physical health
© This information is from the National Adoption Information Clearinghouse.
If you are an adoption professional and have updated information for this portion of our site let us know by contacting us at 1-800-ADOPTION or e-mail us at editors@americanadoptions.com.
American Adoptions, Inc. provides this information as a courtesy and is in no way responsible for its content or accuracy.
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