New Mexico Adoption Laws
By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed November 15, 2024
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Adoption should be a happy time for people in a newly expanded adoptive family. But if you're considering adoption, you should know that the adoption process can be complex. Every state regulates who can adopt, how the process works, and other requirements for adoption.
This is a brief introduction to the adoption laws in New Mexico. We'll explain how adoption works in the State of New Mexico. We will also provide links to New Mexico's adoption statutes.
Important Adoption Laws in New Mexico
The following table details the adoption laws in New Mexico.
Code sections | New Mexico Statutes Children's Code; Chapter 32A, Article 5 |
---|---|
Who can be adopted | You can adopt any child (or adult). If they are over 14, they must consent to the adoption. |
Who is eligible to adopt |
|
Consent of adopted child |
|
Home residency |
|
State agency | The New Mexico Children, Youth and Families Department (CYFD) oversees the adoption of minors in foster care. |
State court | The local Children's Court Division hears all child adoption cases, while local district courts handle adult adoptions. Once the petitioner completes the adoption process, the court issues a final decree of adoption. |
Statute of limitations | The period in which you can bring a lawsuit is the statute of limitations. A person must challenge an adoption for fraud or other legal reasons within one year of the adoption. If an adoption is of a Native American child, ICWA law prevails over federal law. |
Note: State laws regularly change, so contact a family law attorney or conduct legal research to verify your state's adoption laws.
Can a Lawyer Help a Prospective Adoptive Parent?
Contact an experienced New Mexico adoption lawyer if you're ready to adopt. They'll help ensure you understand your options and address your unique situation. Whether you're considering a stepparent adoption, independent adoption, or an international adoption, a skilled family law attorney can help.
Related Resources for Adoption Laws
State standards and regulations about adoption can be complex and are subject to change. Visit FindLaw's Adoption Laws section to review some of these laws and get a general overview of the adoption process.
A few potentially helpful resources include:
Next Steps: Search for a Local Attorney
Contact a qualified attorney.
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