Chapter 40, Chapter 40

As used in the Uniform Child Abduction Prevention Act: A. "abduction" means the wrongful removal or wrongful retention of a child; B. "child" means an unemancipated individual who is less than eighteen years of age; C. "child-custody determination" means a judgment, decree or oth…

Sections 40-10A-110 through 40-10A-112 NMSA 1978 apply to cooperation and communication among courts in proceedings pursuant to the Uniform Child Abduction Prevention Act. History: Laws 2013, ch. 156, § 3.

A. A court on its own motion may order abduction prevention measures in a child- custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child. B. A party to a child-custody determination or another individual or entity having a rig…

A. A petition pursuant to the Uniform Child Abduction Prevention Act may be filed only in a court that has jurisdiction to make a child-custody determination with respect to the child at issue pursuant to the Uniform Child-Custody Jurisdiction and Enforcement Act [40-10A-101 to 4…

A petition pursuant to the Uniform Child Abduction Prevention Act shall be verified and include a copy of any existing child-custody determination, if available. The petition shall specify the risk factors for abduction, including the relevant factors described in Section 7 of th…

A. In determining whether there is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner or respondent: (1) has previously abducted or attempted to abduct the child; (2) has threatened to abduct the child; (3) has recently engaged in a…

A. If a petition is filed pursuant to the Uniform Child Abduction Prevention Act, the court may enter an order that shall include: (1) the basis for the court's exercise of jurisdiction; (2) the manner in which notice and opportunity to be heard were given to the persons entitled…

A. If a petition pursuant to the Uniform Child Abduction Prevention Act contains allegations that the child is imminently likely to be wrongfully removed and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may …

This act [40-10D-1 to 40-10D-9 NMSA 1978] may be cited as the "Deployed Parents Custody and Visitation Act". History: Laws 2014, ch. 4, § 1.

As used in the Deployed Parents Custody and Visitation Act: A. "adult" means an individual who has attained eighteen years of age or is an emancipated minor; B. "caretaking authority" means the right to live with and care for a child on a day-to- day basis. "Caretaking authority"…

A. If a court has issued a temporary order regarding custodial responsibility pursuant to the Deployed Parents Custody and Visitation Act, the residence of the deploying parent is not considered to be changed by reason of the deployment for the purposes of the Uniform Child-Custo…

A. Except as otherwise provided in Subsection D of this section and subject to Subsection C of this section, a deploying parent shall notify in a record the other parent of a pending deployment not later than seven days after receiving notice of deployment unless reasonably preve…

A. Except as otherwise provided in Subsection B of this section, an individual to whom custodial responsibility has been granted during deployment pursuant to the Deployed Parents Custody and Visitation Act shall notify the deploying parent and any other individual with custodial…

military service. In a proceeding for custodial responsibility of a child of a service member, a court shall not consider a parent's past deployment or possible future deployment in itself in determining the best interest of the child. History: Laws 2014, ch. 4, § 6.

deployment; form of agreement. A. The parents of a child may enter into a temporary agreement granting custodial responsibility during deployment under the Deployed Parents Custody and Visitation Act. B. A temporary agreement pursuant to Subsection A of this section shall be: (1)…

A. An agreement under the Deployed Parents Custody and Visitation Act is temporary and terminates pursuant to that act after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order. The agreement does not create an in…

If a motion to grant custodial responsibility is filed pursuant to the Deployed Parents Custody and Visitation Act before a deploying parent deploys, the court shall conduct an expedited hearing. History: Laws 2014, ch. 4, § 9.

Sections 1-101 through 9-903 of this act may be cited as the "New Mexico Uniform Parentage Act". History: Laws 2009, ch. 215, § 1-101.

As used in the New Mexico Uniform Parentage Act: A. "acknowledged father" means a man who has established a father-child relationship pursuant to Article 3 of the New Mexico Uniform Parentage Act; B. "adjudicated father" means a man who has been adjudicated by a court of competen…

A. The New Mexico Uniform Parentage Act applies to determination of parentage in New Mexico. B. The district court shall apply the law of New Mexico to adjudicate the parent-child relationship. The applicable law does not depend on: (1) the place of birth of the child; or (2) the…

The district court has jurisdiction to adjudicate parentage pursuant to the New Mexico Uniform Parentage Act. The provisions of the New Mexico Uniform Parentage Act shall not be used to expand personal jurisdiction of the district court over nonresident persons in cases subject t…

Proceedings pursuant to the New Mexico Uniform Parentage Act are subject to other laws of New Mexico governing the health, safety, privacy and liberty of a child or other person who could be jeopardized by disclosure of identifying information, including address, telephone number…

Provisions of the New Mexico Uniform Parentage Act relating to determination of paternity apply to determinations of maternity insofar as possible. History: Laws 2009, ch. 215, § 1-106.

A. The mother-child relationship is established between a woman and a child by: (1) the woman's having given birth to the child; (2) an adjudication of the woman's maternity; or (3) adoption of the child by the woman. B. The father-child relationship is established between a man …

A child born to parents who are not married to each other has the same rights pursuant to the law as a child born to parents who are married to each other. History: Laws 2009, ch. 215, § 2-202.

Unless parental rights are terminated or extinguished by relinquishment and decree of adoption pursuant to the Children's Code [Chapter 32A NMSA 1978], a parent-child relationship established pursuant to the New Mexico Uniform Parentage Act applies for all purposes, except determ…

A. A man is presumed to be the father of a child if: (1) he and the mother of the child are married to each other and the child is born during the marriage; (2) he and the mother of the child were married to each other and the child is born within three hundred days after the mar…

The mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of paternity with intent to establish the man's paternity. History: Laws 2009, ch. 215, § 3-301.

A. An acknowledgment of paternity shall: (1) be on a form provided by the bureau; (2) be signed or otherwise authenticated under penalty of perjury by the mother and by the man seeking to establish his paternity; (3) state that the child whose paternity is being acknowledged: (a)…

A presumed father may sign a denial of his paternity. The denial is valid only if: A. an acknowledgment of paternity signed or otherwise authenticated by another man is filed pursuant to Section 3-305 of the New Mexico Uniform Parentage Act; B. the denial is on a form provided by…

A. An acknowledgment of paternity and a denial of paternity may be contained in a single document or may be signed in counterparts, and may be filed separately or simultaneously. If the acknowledgment and denial are both necessary, neither is valid until both are filed. B. An ack…

A. Except as otherwise provided in Sections 3-307 and 3-308 [40-11A-307, 40-11A- 308 NMSA 1978] of the New Mexico Uniform Parentage Act, a valid acknowledgment of paternity filed with the bureau is equivalent to an adjudication of paternity of a child. B. Except as otherwise prov…

The bureau shall not charge for filing an acknowledgment of paternity or denial of paternity. History: Laws 2009, ch. 215, § 3-306.

A signatory may rescind an acknowledgment of paternity or denial of paternity only by means of a judicial proceeding to rescind the acknowledgment or denial of paternity. A proceeding to rescind an acknowledgment of paternity or a denial of paternity shall be brought no later tha…

A. After the period for rescission pursuant to Section 3-307 of the New Mexico Uniform Parentage Act has expired, a signatory to an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only: (1) on the basis of fra…

A. Every signatory to an acknowledgment of paternity and any related denial of paternity shall be made a party to a proceeding to rescind or challenge the acknowledgment or denial. B. For the purpose of rescission of or challenge to an acknowledgment of paternity or denial of pat…

A court or administrative agency conducting a judicial or administrative proceeding shall not ratify an unchallenged acknowledgment of paternity. History: Laws 2009, ch. 215, § 3-310.

paternity. A court of this state shall give full faith and credit to an acknowledgment of paternity or denial of paternity effective in another state if the acknowledgment or denial has been signed and is otherwise in compliance with the law of the other state. History: Laws 2009…

A. The bureau shall prescribe forms for the acknowledgment of paternity and the denial of paternity. B. A valid acknowledgment of paternity or denial of paternity is not affected by a later modification of the prescribed form. History: Laws 2009, ch. 215, § 3-312.

The bureau may release information relating to the acknowledgment of paternity or denial of paternity to a signatory of the acknowledgment or denial and to courts and to other agencies as permitted pursuant to the provisions of Chapter 24, Article 14 NMSA 1978. History: Laws 2009…

The bureau may adopt and promulgate rules and forms to implement the provisions of this article. History: Laws 2009, ch. 215, § 3-314.

The putative father registry established pursuant to the provisions of Section 32A-5- 20 NMSA 1978 is also the registry of paternity established pursuant to the New Mexico Uniform Parentage Act. History: Laws 2009, ch. 215, § 4-401.

This article governs genetic testing of a person to determine parentage, whether the person: A. voluntarily submits to testing; or B. is tested pursuant to an order of the district court or a support-enforcement agency. History: Laws 2009, ch. 215, § 5-501.

A. Except as otherwise provided in this article and Article 6 of the New Mexico Uniform Parentage Act, the district court shall order the child and other designated persons to submit to genetic testing if the request for testing is supported by the sworn statement of a party to t…

A. Genetic testing shall be of a type reasonably relied upon by experts in the field of genetic testing and performed in a testing laboratory accredited by: (1) the American association of blood banks or a successor to its functions; (2) the American society for histocompatibilit…

A. A report of genetic testing shall be in a record and signed under penalty of perjury by a designee of the testing laboratory. A report made pursuant to the requirements of this article is self-authenticating. B. Documentation from the testing laboratory of the following inform…

A. Pursuant to the New Mexico Uniform Parentage Act, a man is rebuttably identified as the father of a child if the genetic testing complies with this article and the results disclose that: (1) the man has at least a ninety-nine percent probability of paternity, using a prior pro…

A. Subject to assessment of costs pursuant to Article 6 of the New Mexico Uniform Parentage Act, the cost of initial genetic testing shall be advanced: (1) by a support-enforcement agency in a proceeding in which the support- enforcement agency is providing services; (2) by the p…

Prior to a final adjudication, the district court or the support-enforcement agency shall order additional genetic testing upon the request of a party who contests the result of the original testing. If the previous genetic testing identified a man as the father of the child purs…

A. Subject to Subsection B of this section, if a genetic-testing specimen is not available from a man who may be the father of a child, upon notice and after an opportunity for a hearing, and for good cause and under circumstances the court considers to be just, the court may ord…