Chapter 32A — Chapter 32A

A. A person taking a child into custody shall, with all reasonable speed: (1) release the child to the child's parent, guardian or custodian and issue verbal counsel or warning as may be appropriate; or (2) deliver the child to the department or, in the case of a child who is bel…

A. Unless a child alleged to be neglected or abused is also alleged or adjudicated delinquent: (1) the child shall not be held in a jail or other facility intended or used for the incarceration of adults charged with criminal offenses or for the detention of children alleged to b…

A. An Indian child accepted for foster care or pre-adoptive placement shall be placed in the least restrictive setting that most closely approximates a family in which his special needs, if any, may be met. The Indian child shall also be placed within reasonable proximity to the …

This act [32A-4A-1 to 32A-4A-4 NMSA 1978] may be cited as the "Children's Advocacy Centers Act". History: Laws 2019, ch. 134, § 1.

As used in the Children's Advocacy Centers Act, "center" means a children's advocacy center, which is an entity that provides a comprehensive multidisciplinary team response to allegations of child abuse or neglect in a neutral, child-friendly setting by representatives of the fo…

A center shall: A. be an entity that is a private, incorporated agency, a hospital or a governmental entity; B. have a neutral, child-focused facility where forensic interviews with children take place; provided that all agencies shall have a place to interact with the child as i…

membership; duties. A. The following persons shall comprise a multidisciplinary child abuse investigation team in each judicial district in the state: (1) the district attorney of the judicial district in which the team is created and established, or the district attorney's desig…

Chapter 32A, Article 5 NMSA 1978 may be cited as the "Adoption Act". History: 1978 Comp., § 32A-5-1, enacted by Laws 1993, ch. 77, § 128; 2003, ch. 294, § 1; 2003, ch. 321, § 1.

A petition for adoption may be filed in any county where: A. a petitioner is a resident; B. the adoptee is physically present at the time the petition is filed; C. an office of the agency that placed the adoptee for adoption is located; or D. the department office from which the …

A. Any child may be adopted. B. Residents who are one of the following may adopt: (1) any individual who has been approved by the court as a suitable adoptive parent pursuant to the provisions of the Adoption Act; and (2) a married individual without the individual's spouse joini…

A. No petition for adoption shall be granted by the court unless the adoptee was placed in the home of the petitioner for the purpose of adoption: (1) by the department; (2) by an appropriate public authority of another state; (3) by an agency; or (4) pursuant to a court order, a…

placement order; certification. A. When a placement order is required, the petitioner shall file a request with the court to allow the placement. An order permitting the placement shall be obtained prior to actual placement. B. Only a pre-placement study that has been prepared or…

A. The pre-placement study shall be performed as prescribed by department regulation and shall include at a minimum the following: (1) an individual interview with each petitioner; (2) a joint interview with both petitioners; if a joint interview is not conducted, an explanation …

A. A nationwide criminal history records check shall be conducted on a person who files a petition to adopt a child, on prospective foster parents and on other adults residing in the prospective adoptive or foster parent's household. A person who files a petition to adopt a child…

A. The physical, mental and emotional welfare and needs of the child shall be the primary consideration for the termination of parental rights. The court may terminate the rights of the child's parents as provided by the Adoption Act. B. The court shall terminate parental rights …

A. A proceeding to terminate parental rights may be initiated in connection with or prior to an adoption proceeding. Venue shall be in the court for the county in which the child is physically present or in the county from which the child was placed. The proceeding may be initiat…

required. A. 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: (1) the adoptee, if fourteen years of age or older, except when the court finds that the adoptee does not h…

A. A consent to adoption or relinquishment of parental rights required pursuant to the provisions of the Adoption Act shall be implied by the court if the parent, without justifiable cause, has: (1) left the adoptee without provision for the child's identification for a period of…

required. The consent to adoption or relinquishment of parental rights required pursuant to the provisions of the Adoption Act shall not be required from: A. a parent whose rights with reference to the adoptee have been terminated pursuant to law; B. a parent who has relinquished…

The purpose of the Adoption Act is to: A. establish procedures to effect a legal relationship between a parent and adopted child that is identical to that of a parent and biological child; B. provide for family relationships that will give the adopted child protection and economi…

A. The purpose of the putative father registry is to protect the parental rights of fathers who affirmatively assume responsibility for children they may have fathered and to expedite adoptions of children whose biological fathers are unwilling to assume responsibility for their …

A. Except when consent or relinquishment is implied, a consent or relinquishment by a parent shall be in writing, signed by the parent consenting or relinquishing and shall state the following: (1) the date, place and time of execution; (2) the date and place of birth of the adop…

of counseling. A. Counseling required pursuant to the provisions of this section shall occur prior to: (1) consent to the adoption; or (2) the relinquishment of parental rights. For good cause, the court may waive any or all counseling requirements. B. Counseling shall be require…

accounting of disbursements. A. A consent to adoption or relinquishment of parental rights shall be signed before and approved on the record by a judge who has jurisdiction over adoption proceedings, within or without this state, and who is in the jurisdiction in which the child …

A. When a parent elects to relinquish parental rights to the department, a petition to accept the relinquishment shall be filed, unless an abuse or neglect proceeding is pending. If an abuse or neglect proceeding is pending, the relinquishment shall be heard in the context of tha…

A. A petition for adoption shall be filed within sixty days of the adoptee's placement into the proposed adoptive home if the adoptee is under the age of one year. If the adoptee is over the age of one year at the time of placement, the petition shall be filed within one hundred …

A petition for adoption shall be filed and verified by the petitioner and shall allege: A. the full name, age and place and duration of residence of the petitioner and, if married, the place and date of marriage; the date and place of any prior marriage, separation or divorce; an…

A. The petition for adoption shall be served by the petitioner on the following, unless it has been previously waived in writing: (1) the department, by providing a copy to the court clerk for service pursuant to Section 32A-5-7 NMSA 1978; (2) any person, agency or institution wh…

A. Any person responding to a notice of a petition for adoption shall file a verified response to the petition within the time limits specified in Section 32A-5-25 NMSA 1978. B. The verified response shall follow the Rules of Civil Procedure for the District Courts and shall alle…

Once the adoptee has been placed with the petitioner pursuant to the provisions of the Adoption Act, the petitioner shall have physical custody and control of the adoptee and shall be responsible for the care, maintenance and support of the adoptee, including all necessary medica…

As used in the Adoption Act: A. "accrediting entity" means an entity that has entered into an agreement with the United States secretary of state pursuant to the federal Intercountry Adoption Act of 2000 and regulations adopted by the United States secretary of state pursuant to …

To the extent practicable, any provision of the Adoption Act applicable to a father- child relationship applies to a mother-child relationship or parent-child relationship, and any provision of the Adoption Act applicable to a mother-child relationship applies to a father-child r…

During the pendency of an adoption proceeding, the adoptee shall not be removed from the county where the petitioner resides at the time of filing a petition for adoption for a period longer than fifteen days without the permission of the court in which the adoption is pending. H…

A. An agency or an individual with the credentials set out in Subsection C of Section 32A-5-13 NMSA 1978 shall file with the court its post-placement report of the prospective adoptive home and the adoptee. The post-placement report shall be completed as prescribed by department …

A. Any person may adopt his spouse's child in accordance with the provisions of the Adoption Act. B. When the adoptee has lived with his stepparent for at least one year following the stepparent's marriage to the custodial parent: (1) placement shall not be required pursuant to S…

adoptee or other party. Upon the motion of any party or upon the court's own motion, the court may appoint a guardian ad litem for the adoptee or for any person found to be incompetent or a child who is a party to the proceeding. In any contested proceeding, the court shall appoi…

A. Prior to the final hearing on a petition, the petitioner shall file a full accounting of all disbursements of anything of value made or agreed to be made by or on behalf of the petitioner in connection with an adoption. The accounting report shall be signed under penalty of pe…

A. The parents of the adoptee and the petitioner may agree to contact between the parents and the petitioner or contact between the adoptee and one or more of the parents or contact between the adoptee and relatives of the parents. An agreement shall, absent a finding to the cont…

A. The court shall conduct hearings on the petition for adoption so as to determine the rights of the parties in a manner that protects confidentiality. The petitioner and the adoptee shall attend the hearing unless the court for good cause waives a party's appearance. Good cause…

adoption. A. Once adopted, an adoptee shall take a name designated by the petitioner, except in stepparent adoptions. In stepparent adoptions, the adoptee shall take the new name designated by the petitioner in the petition so long as the petitioner's spouse and the child, if ove…

A. Within thirty days after an adoption decree becomes final, the petitioner shall prepare an application for a birth certificate in the new name of the adoptee, showing the petitioner as the adoptee's parent, and shall provide the application to the clerk of the court. The petit…

A. Every decree or order of adoption terminating the parent-child relationship or establishing the relationship of parent and child by adoption entered by a court or other entity in another country acting pursuant to that country's law or pursuant to any convention or treaty or i…

The protections and requirements set forth in the federal Intercountry Adoption Act apply to all proceedings involving a convention adoption. History: Laws 2003, ch. 294, § 7 and Laws 2003, ch. 321, § 7.

The protections set forth in the federal Indian Child Welfare Act of 1978, including provisions concerning notice to the Indian child's tribe, transfer to tribal court and placement preferences, apply to all proceedings involving an Indian child under the Adoption Act. History: 1…

A. After the decree of adoption has been entered, all court files containing records of judicial proceedings conducted pursuant to the provisions of the Adoption Act and records submitted to the court in the proceedings shall be kept in separate locked files withheld from public …

A. The court may appoint a confidential intermediary to ascertain whether an individual is willing to be contacted, is willing to release his name or identity or is willing to meet or otherwise communicate about any condition that may affect the moving party's physical or mental …

A. Any person other than an agency who, in the regular course of business, selects an adoptive family for a prospective adoptee or arranges for the selection is guilty of a misdemeanor and subject to imprisonment in the county jail for a definite term of less than one year or to …

A. A person, other than a person described in Subsection C of this section, who knowingly or intentionally engages in adoption services with a person in this state for compensation is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 32A-…

A. A person, other than a person described in Subsection E of this section, shall not advertise adoption services unless the advertisement includes the following statement: "WARNING: (INSERT NAME OF PERSON ADVERTISED) IS NOT ACCREDITED, CERTIFIED OR LICENSED TO PROVIDE ADOPTION S…

It is the purpose of Sections 32-5-43 [32A-5-43] through 32-5-45 [32A-5-45] NMSA 1978 to encourage and promote the placement of children who are difficult to place in permanent homes through a subsidized program within the social services division of the department. History: 1978…