Chapter 40 — Chapter 40

A proceeding to determine parentage may be commenced before the birth of the child, but shall not be concluded until after the birth of the child. The following actions may be taken before the birth of the child: A. service of process; B. discovery; and C. except as prohibited by…

A. A minor child is a permissible party, but is not a necessary party to a proceeding pursuant to this article. B. The district court shall appoint a guardian ad litem to represent a minor or incapacitated child if the child is a party or the district court finds that the interes…

A. Except as otherwise provided in Subsection C of this section, a record of a genetic-testing expert is admissible as evidence of the truth of the facts asserted in the report unless a party objects, in a writing delivered to the adverse party, to the record's admission within f…

A. An order for genetic testing is enforceable by contempt. B. If a person whose paternity is being determined declines to submit to genetic testing ordered by the district court, the district court for that reason may adjudicate parentage contrary to the position of the person w…

A. A respondent in a proceeding to adjudicate parentage may admit to the paternity of a child by filing a pleading to that effect or by admitting paternity under penalty of perjury when making an appearance or during a hearing. B. If the district court finds that the admission of…

A. In a proceeding pursuant to this article, the district court shall issue a temporary order for support of a child if the order is appropriate and the person ordered to pay support is: (1) a presumed father of the child; (2) petitioning to have his paternity adjudicated; (3) id…

As soon as practicable after an action to declare the existence or nonexistence of a father-child relationship has been brought, and unless judgment by default has been entered, an informal hearing shall be held. The court may order that the hearing be held before a master. The p…

A. On the basis of the information produced at the pretrial hearing, the judge, hearing officer or master conducting the hearing shall evaluate the probability of determining the existence or nonexistence of a father-child relationship in a trial. On the basis of the evaluation, …

The district court shall apply the following rules to adjudicate the paternity of a child: A. the paternity of a child having a presumed, acknowledged or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the chil…

The district court, without a jury, shall adjudicate paternity of a child. History: Laws 2009, ch. 215, § 6-632.

A. On request of a party and for good cause shown, the district court may close a proceeding to the public and except for a final order, may declare the proceeding to be confidential and seal the file. B. A final order in a proceeding pursuant to this article is available for pub…

The district court shall issue an order adjudicating the paternity of a man who: A. after service of process, is in default; and B. is found by the district court to be the father of a child. History: Laws 2009, ch. 215, § 6-634.

The district court may issue an order dismissing a proceeding commenced pursuant to the New Mexico Uniform Parentage Act for want of prosecution only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a d…

A. The district court shall issue an order adjudicating whether a man alleged or claiming to be the father is the parent of the child. B. An order adjudicating parentage shall identify the child by name and date of birth. C. Except as otherwise provided in Subsection D of this se…

A. Except as otherwise provided in Subsection B of this section, a determination of parentage is binding on: (1) all signatories to an acknowledgment or denial of paternity as provided in Article 3 of the New Mexico Uniform Parentage Act; and (2) all parties to an adjudication by…

A court of this state shall give full faith and credit to a determination of parentage made by a court of another state. History: Laws 2009, ch. 215, § 6-638

A. If existence of the parental relationship is declared, or paternity or a duty of support has been acknowledged or adjudicated under the New Mexico Uniform Parentage Act or under prior law, the obligation of the noncustodial parent may be enforced in the same or other proceedin…

The court has continuing jurisdiction to modify or revoke a judgment or order for future support, except as otherwise specifically provided by the Uniform Interstate Family Support Act [Chapter 40, Article 6A NMSA 1978]. History: Laws 2009, ch. 215, § 6-640.

A. At the pretrial hearing and in further proceedings, any party may be represented by counsel. The court shall appoint counsel for any party who is unable to obtain counsel for financial reasons if, in the court's discretion, appointment of counsel is required in the interest of…

Notwithstanding any other laws concerning public hearings and records, any hearing or trial held under the provisions of the New Mexico Uniform Parentage Act may be held in closed court without admittance of any person other than those necessary to the action or proceeding. The c…

A. Upon order of a court of this state or upon request of a court of another state, the bureau shall prepare a certificate of birth consistent with the findings of the court and shall substitute the certificate for the original certificate of birth. B. The fact that the father-ch…

This article does not apply to the birth of a child conceived by means of sexual intercourse. History: Laws 2009, ch. 215, § 7-701.

Donors of eggs, sperm or embryos are not the parents of a child conceived by means of assisted reproduction. History: Laws 2009, ch. 215, § 7-702.

A person who provides eggs, sperm or embryos for or consents to assisted reproduction as provided in Section 7-704 of the New Mexico Uniform Parentage Act with the intent to be the parent of a child is a parent of the resulting child. History: Laws 2009, ch. 215, § 7-703.

A. The intended parent or parents shall consent to the assisted reproduction in a record signed before, on or after the day of birth of the child or in an oral agreement entered into before conception by each intended parent. B. The absence of evidence required pursuant to Subsec…

A. Except as otherwise provided in Subsection B of this section, the husband of a wife who gives birth to a child by means of assisted reproduction shall not challenge his paternity of the child unless: (1) within two years after learning of the birth of the child, he commences a…

consent. A. If a marriage is dissolved before placement of eggs, sperm or embryos, the former spouse is not a parent of the resulting child unless the former spouse consented in a signed record that if assisted reproduction were to occur after a divorce the former spouse would be…

If a person who consented in a record to be a parent by assisted reproduction dies before placement of eggs, sperm or embryos, the deceased person is not a parent of the resulting child unless the deceased spouse consented in a signed record that if assisted reproduction were to …

A. The New Mexico Uniform Parentage Act does not authorize or prohibit an agreement between a woman and the intended parents: (1) in which the woman relinquishes all rights as the parent of a child to be conceived by means of assisted reproduction; and (2) that provides that the …

In applying and construing the Uniform Parentage Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: Laws 2009, ch. 215, § 9-901.

If any provision of the New Mexico Uniform Parentage Act or its application to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the New Mexico Uniform Parentage Act that can be given effect without the invalid provision …

A proceeding to adjudicate parentage that was commenced before the effective date of the New Mexico Uniform Parentage Act is governed by the law in effect at the time the proceeding was commenced. History: Laws 2009, ch. 215, § 9-903.

Chapter 40, Article 12 NMSA 1978 may be cited as the "Domestic Relations Mediation Act". History: Laws 1987, ch. 153, § 1; 2009, ch. 201, § 1.

The purpose of the Domestic Relations Mediation Act is to assist the court, parents and other interested parties in determining the best interests of the children involved in domestic relations cases. History: Laws 1987, ch. 153, § 2.

As used in the Domestic Relations Mediation Act: A. "advisory consultation" means a brief assessment about the parenting situation and a written report summarizing the information for the attorneys and the court, including an assessment by the counselor of the positions, situatio…

A judicial district shall create a "domestic relations mediation fund" of the judicial district. Money in the fund shall be used to offset the cost of operating the domestic relations mediation program and the supervised visitation program. Deposits to the fund shall include paym…

A. A judicial district may establish a domestic relations mediation program by court rule approved by the supreme court. The district court may employ or contract with a counselor to provide consultations, evaluations and mediation in domestic relations cases involving children. …

A. A judicial district may establish a "safe exchange and supervised visitation program" by local court rule approved by the supreme court. The safe exchange and supervised visitation program shall be used when, in the opinion of the court, the best interests of the child are ser…

collect. In addition to fees collected pursuant to Section 34-6-40 NMSA 1978 for the docketing of civil cases, in any judicial district which has established a domestic relations mediation program, the district court clerk shall collect a surcharge of thirty dollars ($30.00) on a…

Chapter 40, Article 13 NMSA 1978 may be cited as the "Family Violence Protection Act". History: Laws 1987, ch. 286, § 1; 1999, ch. 142, § 1.

The legislature finds that domestic abuse incidents are complex and require special training on the part of law enforcement officers to respond appropriately to domestic abuse incidents. The state of New Mexico discourages dual arrests of persons involved in incidents of domestic…

A. A domestic violence special commissioner shall perform the following duties in carrying out the provisions of the Family Violence Protection Act: (1) review petitions for orders of protection and motions to enforce, modify or terminate orders of protection; (2) if deemed neces…

History: Laws 2007, ch. 131, § 1; repealed by Laws 2018, ch. 40, § 10.

A state agency, court or political subdivision of the state, including a magistrate or municipal court, judicial district, law enforcement agency, county, municipality or home- rule municipality, shall not make available publicly on the internet any information that would likely …

A. After the court has issued notice that the restrained party is subject to the provisions of Paragraph (2) of Subsection A of Section 40-13-5 NMSA 1978, the restrained party shall relinquish all firearms in the restrained party's immediate possession or control or subject to th…

As used in the Family Violence Protection Act: A. "continuing personal relationship" means a dating or intimate relationship; B. "co-parents" means persons who have a child in common, regardless of whether they have been married or have lived together at any time; C. "court" mean…

A. A victim of domestic abuse may petition the court under the Family Violence Protection Act for an order of protection. B. The petition shall be made under oath or shall be accompanied by a sworn affidavit setting out specific facts showing the alleged domestic abuse. C. The pe…

offenses. A. An alleged victim of domestic abuse shall not be required to bear the cost of: (1) the prosecution of a misdemeanor or felony offense arising out of an incident of domestic abuse, including costs associated with filing a criminal charge against the alleged perpetrato…

A. The district court may issue an ex parte written emergency order of protection when a law enforcement officer states to the court in person, by telephone or via facsimile and files a sworn written statement, setting forth the need for an emergency order of protection, and the …

A. Upon the filing of a petition for order of protection, the court shall: (1) immediately grant an ex parte temporary order of protection without bond if there is probable cause from the specific facts shown by the affidavit or by the petition to give the judge reason to believe…