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New Mexico

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New Mexico

Who may adopt?
Any resident who has been approved by the court.
Non-residents in cases in which a New Mexico agency or the department placed the child.
A married person may file separately if a stepparent or legally separated.
An Indian child should be placed with:

  • His extended family
  • Members of his tribe or
  • Other Indian families

Consent for adoption to be executed?
No consent is valid for at least 48 hours after the child's birth.

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Revocation of consent?
Consents may not be withdrawn prior to the entry of the final judgment unless the consent was obtained by fraud.
After the final decree, consent is irrevocable.

Who may place a child for adoption?
The department.
The appropriate public authority of another State.
An agency.
The court.
The parent.

Advertising?
This issue is not addressed in the statutes reviewed.

Facilitators?
No person, other than an agency, may select an adoptive family for a prospective adoptee or arrange for the selection.
The exchange of information between persons regarding the existence of a potential adoptee or adoptive family is not prohibited.

Putative Father's Registry?
Yes. The putative father may file a notice of intent to claim paternity before or after the child's birth.

Expenses?
Birth parent –
Medical, hospital, pharmaceutical or nursing costs.
Travel expenses.
Counseling services.
Living expenses up to 6 weeks after child’s birth.
Legal fees and court costs.
Any other court approved expenses.

Department/Agency –
It is the responsibility of the petitioner to cover the cost of the pre- placement and post-placement study.

Information provided in part by the Child Welfare Information Gateway.

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Credits: Sandra Hanks Benoiton

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