New Mexico Adoption Laws

New Mexico Statutes Children’s Code; Chapter 32A, Article 5

You can adopt any child (or adult). If they are over 14, they must consent to the adoption.

• Anyone who has court approval can adopt a child in New Mexico.
• If the petitioner is married, their spouse must join the adoption petition. There is an exception if they are the natural parent of the adoptee or if the parents are legally separated.
• Non-residents can adopt a child in New Mexico if they meet the following conditions:

1. The adoptee is a resident or was born in the state
2. The adoptee is less than 6 months old.
3. The state placed the adoptee with a state agency or adoption agency licensed in New Mexico.

• Any child over 14 must consent to the adoption.
• If an adoptee lacks the capacity to consent, their guardian can consent.
• Consent must be in writing and in the consenting party’s first language.
• The biological parents (adoptee’s birth mother and the presumed or acknowledged father) and the proposed adoptive parents must consent to the adoption, relinquish parental rights, or have the court terminate parental rights. The person filing the adoption petition must show proof of this relinquishment to the courts.
• For Native American children, the Indian custodian must consent per the Indian Child Welfare Act (ICWA) of 1978.

• If the prospective adoptee is less than a year old, the adoptive parents must file their adoption petition within 60 days of placement.
• For adoptees over age 1, the adoptive parents must file their petition within 120 days of placement.
• The family court may grant extensions of up to 180 days upon request.

The New Mexico Children, Youth and Families Department (CYFD) oversees the adoption of minors in foster care.

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.

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.