New Mexico's Adoption Laws

Adoption Records

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.

Consent to Adoption

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 Mexico

The consent is irrevocable upon signing if it signed before a judge.

Parties to an Adoption

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.

Birth Father Statutes

No information currently available.

Adoption Expenses

New Mexico

Birth Parent Expenses Allowed Statute: § 32A-5-34(B)

  1. • Medical, hospital, pharmaceutical, or nursing costs
  2. • Travel expenses
  3. • Counseling services
  4. • Living expenses for the mother and her dependent children
  5. • Legal fees and court costs
  6. • Any other court approved expenses

Birth Parent Expenses Not Allowed Statute: § 32A-5-34(B), (C)

  1. • Living expenses beyond 6 weeks after the child's birth
  2. • 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)

  1. • It is unlawful to demand repayment of expenses to coerce consent.
  2. • 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.

International Expenses

No information currently available.

General Adoption Statutes

New Mexico

Agency or Person Gathering Information or Preparing Report Statute: § 32A-5-14

  1. • Department of Children, Youth and Families
  2. • Agency
  3. • Investigators approved by the department

Contents of Report About Person to be Adopted Statute: §§ 32A-5-3; 32A-5-14

  1. • Health, psychological, medical, hospital, medication, and genetic history
  2. • Report of medical examination
  3. • Placement history
  4. • Physical description
  5. • 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

  1. • Criminal record check
  2. • Medical certificate
  3. • Capacity and readiness for parenthood
  4. • Employment; financial resources
  5. • 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.


DISCLAIMER

American Adoptions, Inc. provides this information as a courtesy and is in no way responsible for its content or accuracy.

Other Aspects of New Mexico Adoption Law


©2010 American Adoptions - All Rights Reserved