New MexicoSB 4172025 Regular SessionSenate

CONFIRMATORY ADOPTIONS

Sponsored By: Mimi Stewart (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

More ways to establish legal parentage

The Adoption Act recognizes parentage through consent to assisted reproduction under New Mexico parentage law when it results in birth. Each intended parent can show consent through a signed record made before, at, or after birth. An oral agreement made by each intended parent before conception also counts. Without those records, parentage can still be found through living with the child after birth and openly claiming the child jointly with the birthing parent. When practical, adoption rules for fathers and mothers apply equally across parent-child relationships.

Parents gain a faster adoption route

Parents of children born through assisted reproduction can confirm parentage through adoption; courts must allow non-birth parents to file. Courts cannot deny these petitions because parents are unmarried, more than two parents apply, or parentage is already recognized or presumed. Courts must grant petitions within 30 days after filing when petitioners are married, one gave birth, and no competing parentage claims exist. Another 30-day route requires everyone's consent, one petitioner who gave birth, other petitioners who are parents, and no competing claims. When state law already recognizes or presumes parentage, skipping confirmatory adoption cannot be evidence in parental-rights disputes or child best-interest decisions.

Fewer adoption steps, less notice protection

Confirmatory adoptions are exempt from pre-placement studies, usual petition notices, and detailed payment accounting, removing notice protections for otherwise entitled people. Courts cannot require donor notice or consent. Placement, studies, post-placement reports, counseling, criminal checks, fee records, minimum home stays, best-interest reviews, and hearings or appearances require written good-cause findings. Petitions need every petitioner's signature, a certified birth certificate, and a marriage certificate if any petitioner is married. They also need a signed statement describing the assisted-reproduction birth, confirming parentage, and stating there are no other parentage claims; a complete petition counts as each petitioner's notice and written consent.

Family reproduction records have restricted access

Assisted-reproduction records in court, medical, or other files can be inspected only with a district-court order or required signed consent. Consent can come from the donor or donors together with the consenting parent or parents. Alternatively, the child born through assisted reproduction can consent at age 18 or older. This protects privacy but limits access without an order or consent.

Sponsors & Cosponsors

Sponsor

  • Mimi Stewart

    Democratic • Senate

Cosponsors

  • Carrie Hamblen

    Democratic • Senate

  • Leo Jaramillo

    Democratic • Senate

  • Marianna Anaya

    Democratic • House

  • Reena Szczepanski

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 100 • No: 4

House vote • 3/15/2025

Final House Vote

Yes: 62 • No: 3

Senate vote • 3/3/2025

Final Senate Vote

Yes: 38 • No: 1

Actions Timeline

  1. Signed by Governor - Chapter 15 - Mar. 21

    3/21/2025Senate
  2. Passed in the House of Representatives - Y:62 N:3

    3/15/2025House
  3. HJC: Reported by committee with Do Pass recommendation

    3/13/2025House
  4. HHHC: Reported by committee with Do Pass recommendation

    3/7/2025House
  5. Sent to HHHC - Referrals: HHHC/HJC

    3/4/2025Senate
  6. Passed in the Senate - Y:38 N:1

    3/3/2025Senate
  7. SJC: Reported by committee with Do Pass recommendation

    2/25/2025Senate
  8. SRC: Reported by committee with Do Pass recommendation

    2/19/2025Senate
  9. Sent to SRC - Referrals: SRC/SJC

    2/17/2025Senate

Bill Text

  • Final Version

    3/21/2025

  • HJC Committee Report   3/13/25

    3/13/2025

  • HHHC Committee Report   3/07/25

    3/7/2025

  • SJC Committee Report   2/25/25

    2/25/2025

  • SRC Committee Report   2/19/25

    2/19/2025

  • Introduced

    2/17/2025

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