New Mexico Adoption
New Mexico permits the following types of adoptions in addition to public adoptions:
Adoption Type |
Yes/No |
Private Agency |
Yes |
Private Attorney |
Yes |
Independent |
Yes |
Adoption Statute-Non-Agency; Independent; Private Adoptions:
32A-5-1 NMSA 1978
32A-5-1 NMSA 1978
32A-5-1 NMSA 1978
Senate Bill 27 {Section 32A-5-3 NMSA 1978 (being Laws 1993,
Chapter 77, Section 130, as amended)}
Public
Public Adoptive Placement-Requirements:
Adoption Assistance
Adoption assistance payments begin:
- After the adoption is finalized
Sending State Adoption Subsidy Payments (Guidelines):
Special Needs
New Mexico definition of "Special Needs":
2A-5-43 through 32A-5-45
(a) the child cannot or should not be returned to the home of the parents;
(b) there exists a specific factor or condition (such as the child’s age, ethnic background, emotional, physical or mental disability, or membership in a minority or sibling group) making it reasonable to conclude that the child cannot be placed for adoption without providing adoption assistance; and
(c) except where it would be against the best interests of the child, a reasonable but unsuccessful effort has been made to place the child without adoption assistance.
Finalization
Adoption may be finalized in another state:
Before finalization can occur in New Mexico, child must be in adoptive placement:
NM establishes time frames for finalization based on the age and needs of the child pursuant to the Adoption Act, 32A-5-25 and the time frames for court approval of finalization pursuant to 32A-5-36 F(6) NMSA 1978.
Statutory code/cite for Adoption Petition:
Court Jurisdiction for Adoption Cases:
Home Study (Adoptions)
Statutory code/cite for the Adoptive Home Studies: