Adopting a Child in Albuquerque, New Mexico

 

 

COMMON QUESTIONS ABOUT ADOPTING A CHILD IN ALBUQUERQUE

 

The topic of adoption carries a handful of emotions and a notepad overflowing with questions.  Let’s review some of the most common legal questions surrounding adoption in New Mexico.

Am I required to be married in order to adopt a child in Albuquerque?

 

No.  Any individual that is a resident of New Mexico can adopt, provided that the individual has been approved by the Court as a suitable adoptive parent.

 

Am I required to get the consent of the biological parent of the adoptee?

 

Not necessarily.  Consents or relinquishments of parental rights are not required in the following situations:

1. The biological parent whose rights with reference to the adoptee have been terminated according to law;
2. The parent has relinquished the child to an agency for adoption;
3. The biological father of an adoptee conceived by rape or incest;
4. The parent failed to respond when given notice pursuant to the provisions of the adoption statutes – if necessary; or
5. The alleged father has failed to register with the putative father registry within ten days of the child’s birth and is not otherwise an acknowledged father. NMSA 32A-5-19.  See NMSA 32A-5-20 for the procedures necessary for a father to register with the putative father registry.

 

When am I required to obtain either a relinquishment or termination of parental rights before the adoption can take place?

 

Relinquishment or termination of rights are required in the following situations: (A) From the adoptee’s mother if the proposed adoption is not by her current spouse, and (B) From the adoptee’s biological father if and only if he is either the PRESUMED father or ACKNOWLEDGED father.

 

When is the biological Father the PRESUMED Father in New Mexico?

 

A presumed father is:

1. The husband of the biological mother at the time the adoptee was born;
2. An individual who was married to the biological mother and either the adoptee was born during the term of the marriage or the adoptee was born within three hundred days after the marriage was terminated; or
3. Before the adoptee’s birth, an individual who attempted to marry the adoptee’s biological mother by a marriage solemnized in apparent compliance with law, although the marriage is or could be declared invalid and if the attempted marriage:
   1. Could be declared invalid only by a court, the adoptee was born during the attempted marriage or within three hundred days after its termination by death, annulment, declaration of invalidity or divorce; or
   2. Is invalid without a court order; the adoptee was born within three hundred days after the termination of cohabitation.

See NMSA § 32A-5-3(V).

 

When is the biological Father the ACKNOWLEDGED Father in New Mexico?

 

A Father becomes an “acknowledged” father when:

1. He acknowledges paternity of the adoptee pursuant to the putative father registry. See NMSA 32A-5-20;
2. He is named, with his consent, as the adoptee’s father on the birth certificate;
3. He is obligated to support the adoptee under a written voluntary promise or according to a court order; or
4. He has openly held out the adoptee as his own child by establishing a custodial, personal, or financial relationship with the adoptee as follows:
5. For an adoptee under six months of age at the time of placement:
6. He has initiated an action to establish paternity;
7. He is living with the adoptee at the time the adoption is filed;
8. He has lived with the mother a minimum of ninety days during the two-hundred-eighty-day-period prior to the birth or placement of the adoptee;
9. He has lived with the adoptee within the ninety days immediately preceding the adoptive placement;
10. He has provided reasonable and fair financial support to the mother during the pregnancy and in connection with the adoptee’s birth in accordance with his means and when not prevented from doing so by the person or authorized agency having lawful custody of the adoptee or the adoptee’s mother;
11. He has continuously paid child support to the mother since the adoptee’s birth in an amount at least equal to the amount provided in NMSA 40-4-11.1, or has brought current any delinquent child support payments; or
12. Any other factor the court deems necessary to establish a custodial, personal or financial relationship with the adoptee; or
13. For an adoptee over six months of age at the time of placement:
14. He has initiated an action to establish paternity;
15. He has lived with the adoptee within the ninety days immediately preceding the adoptive placement;
16. He has continuously paid child support to the mother since the adoptee’s birth in an amount at least equal to the amount provided in NMSA 40-4-11.1, or is making reasonable efforts to bring delinquent child support payments current;
17. He has contact with the adoptee on a monthly basis when physically and financially able and not prevented by the person or authorized agency having lawful custody of the adoptee; or
18. He has regular communication with the adoptee, or with the person or agency having the care or custody of the adoptee, when physically and financially unable to visit the adoptee and when not physically and financially able and not prevented by the person or authorized agency having lawful custody of the adoptee.

 See NMSA § 32A-5-3(F).

 

Can New Mexico Courts imply the consent, or involuntarily relinquish the parental rights of an Acknowledged or Presumed father in Albuquerque, New Mexico?

 

Yes.  New Mexico courts can imply the consent or relinquishment of parental rights when a parent, without justifiable cause, has:

1. Left the adoptee without provision for the child’s identification for a period of fourteen     days; or
2. Left the adoptee with others, including the other parent or an agency, without provisions for support and without communication for a period of:
   1. Three months if the adoptee was under the age of six years at the commencement of the three-month period; or
   2. Six months if the adoptee was over the age of six years at the commencement of the six-month period.

See NMSA § 32A-5-18.

 

Can biological parents voluntarily relinquish his/her parental rights in Albuquerque?

 

Yes.

When can biological parents voluntarily relinquish his/her parental rights in New Mexico?

 

A parent may voluntarily relinquish his/her parental rights, when: (1) An adoption proceeding is imminent, or (2) Good cause exists and relinquishment is in the child’s best interests.  See NMSA § 32A-5-24[C].

Additionally, the consent must be in writing and contain the following:

1. The date, place and time of the execution;
2. The date, and place of birth of the adoptee and any names by which the adoptee has been known;
3. If the parent is also consenting to the adoption, then the identity of the adoption petitioner, if known, or, if an independent adoption, and the petition is unknown, how the petitioner was selected by the consenting party;
4. The name and address of the agency or department;
5. That the person executing the document has been counseled, as provided by NMSA § 32A-5-22, by a certified counselor of the person’s choice and with this knowledge the relinquishing/consenting parent is voluntarily and unequivocally consenting to the adoption;
6. That the signing parent has been advised of the legal consequences of the relinquishment/consent whether by independent legal counsel or by a judge;
7. If the adoption is a closed adoption, that the parent understands that the court will not enforce any contact, regardless of any informal agreements that have been made between the parties;
8. That the signing parent understands that the relinquishment/consent cannot be withdrawn;
9. That the parent signing the relinquishment/consent has received or been offered a copy of the consent or relinquishment;
10. That a counseling narrative has been prepared pursuant to department regulations by the counselor who did the required counseling, and it is attached to the consent/relinquishment;
11. That the person who performed the counseling meets the requirements set forth in the Adoption Act; and
12. That the parent executing the relinquishment/consent waives further notice of the adoption proceedings.

See NMSA § 32A-5-21(A).

 

Does a judge need to approve the parent’s voluntary relinquishment of parental rights in Albuquerque?

 

Yes.  The consent requirements stated above must be signed and approved on the record by a judge that has jurisdiction over adoption proceedings in New Mexico.  Additionally, the judge must be in the jurisdiction where the child is present or in which the parent resides at the time that the parent signs the relinquishment of rights. See NMSA § 32A-5-23.

 

Are minor adoptions confidential in New Mexico?

 

Yes.  Minor adoptions are confidential and are conducted in a manner that protects the confidentiality of the parties.  See NMSA § 32A-5-36(A).  This means that each hearing is held in a closed court, and only the parties and their counsel, and individuals authorized to attend the requisite hearings are permitted entrance.  See NMSA § 32A-5-8(C).  Additionally, all records encompassing the minor’s adoption are confidential.  In this respect, only the attorneys for the parties and the department have access to the confidential court file while the adoption is pending.  All other parties must demonstrate “good cause” to gain access to the confidential information contained in the court’s file.

 

Will I be required to receive counseling in order to complete the adoption in New Mexico?

 

Possibly.  Although the court can waive any, or all, counseling requirements — for good cause shown — counseling generally is required to take place prior to the consent to adoption or the relinquishment of parental rights. See NMSA § 32A-5-22-(A).  Unless counseling is waived for good cause shown, the following individuals must receive counseling before an adoption is finalized:

1. The adoptee if he/she is ten years of age or older;
2. The adoptee’s parent who is consenting to the adoption or relinquishing parental rights;
3. In a step parent adoption or second parent adoption – when the parties have not been married for two years or more – both the consenting parent and the petitioning step-parent.

See NMSA § 32A-5-22(B).

What are the other common requirements that I must complete before the adoption is finalized in New Mexico?

 

1. 90 day requirement. Ninety (90) days must pass from the time that the adoption petition is filed to the time that the final decree is entered.  Nevertheless, similar to the counseling requirement discussed above, the court may shorten or waive this requirement in situations where the child is adopted by a step-parent, relative, or a person named in the child’s deceased parent’s will.  See NMSA § 32A-5-36(F)(6)
2. Criminal background check. A criminal records check is required for the petitioners and for other adults living in the prospective adoptive parents’ household.  See NMSA § 32A-5-14.1.
3. Post-placement report. In some cases a post-placement report is necessary.  Similar to counseling, in certain situations, the court can waive the post-placement report.  See NMSA § 32A-5-12(B).
4. Accounting of fees and costs. Said accounting shall include anything of value made or agreed to be made by or on behalf of the Petitioner in connection with the adoption.  Said accounting must include the dates of payments, and the names and addresses of each recipient.  The accounting must also be signed under penalty of perjury.   See NMSA § 32A-5-34.

 

How do I get a new birth certificate in Albuquerque New Mexico?

 

New birth certificates are issued by the state vital statistics office, in the state that the adoptee was born.  New Mexico’s vital statistics office is located at 1105 S St Francis Dr, Santa Fe, NM 87505.  The office can be reached by contacting (505) 827-0121.

 

What rights do I have after the adoption is finalized in New Mexico?

 

Once the adoption is finalized, the petitioner and adoptee have the same legal relationship of a biological parent and child – including the rights of inheritance and duty of support.

 

(505) SANCHEZ IS HERE TO ANSWER YOUR QUESTIONS ABOUT ADOPTING A CHILD IN ALBUQUERQUE

 

Do you still have questions about adopting a child in Albuquerque, New Mexico?  Adopting a child in Albuquerque often requires the experienced hand and knowledge that comes with years of courtroom practice.  Matthew Legan Sanchez has the experience needed to handle your unique case.  Sanchez can be reached by calling (505) SANCHEZ.