Common Adoption Questions in Albuquerque, New Mexico

 

ADOPTION ATTORNEY IN ALBUQUERQUE NEW MEXICO

 

Adoption is a great area of family law because in some cases everyone wins.

The adoptive parent (often step parent) wins because they now have legal rights over a beloved child.  The child wins by having a deeper, legal bond with the adoptive parent.  Even the natural parent can win by being relieved of responsibility over a child with whom they never bonded and did not establish a deep relationship.

Here are some of the Frequently Asked Adoption Questions and Answers:

 

ADOPTION IN NM — WHO MAY ADOPT A MINOR CHILD?

 

Any resident of New Mexico that has been approved by the court as a suitable adoptive parent can adopt a child.  A married person, however, may only adopt without a spouse joining the adoption if:

• The non-joining spouse is the child’s parent;
• The individual and the non-joining spouse are legally separated; or
• The Court excuses the non-joining spouse’s failure to join the adoption.

ARE ADOPTION HEARINGS CONFIDENTIAL IN NEW MEXICO?

 

Yes. Minor adoption hearings are confidential and are conducted in a way that protects the confidentiality of all involved. See NMSA 32A-5-36A.  The hearings are held in closed court.  The only individuals that may enter the courtroom are the parties, counsel, and any individuals that the parties permit.

All records relating to the adoption are confidential.

 

IS COUNSELING REQUIRED IN A STEP-PARENT ADOPTION?

 

In New Mexico, counseling shall occur prior to the consent to adoption or the relinquishment of parental rights.

Who is required to receive counseling in an adoption?

• The child if 10 years or older;
• The child’s parent who is consenting to the adoption or relinquishing parental rights;
• In a step-parent adoption or second parent adoption, when the parties have not been married two or more years, then both the consenting parent and the petitioning step-parent.

 

CAN COUNSELING REQUIREMENTS BE WAIVED IN ADOPTION?

 

Yes.  For good cause shown, New Mexico courts can waive any or all of the counseling requirements.

 

HOW DOES THE CHILD’S PARENT RELINQUISH PARENTAL RIGHTS?

 

The child’s parent may voluntarily relinquish parental rights, when:

• An adoption is imminent;
• Good cause exists and that relinquishment is in the child’s best interest.

The consent must be in writing and contain the following:

1. The date, place, and time of execution;
2. The date, place of birth of the child and any names by which the child 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 petitioner is unknown, how the petitioner was selected by the consenting party;
4. The name and address of the agency – if any.
5. The person signing the document has been counseled by a certified counselor of the person’s choice and with knowledge that the consenting parent is voluntarily and unquestionably consenting to the adoption;
6. The signing parent has been advised of the legal consequences of the relinquishment/consent, either by independent counsel or the judge;
7. If the adoption is closed, 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. The signing parent understands that the relinquishment/consent cannot be withdrawn;
9. The parent signing the relinquishment/consent has received or been offered a copy of the consent or relinquishment;
10. A counseling narrative has been prepared according to department regulations by the counselor who did the required counseling, and it is attached to the consent;
11. The person that performed the counseling meets the requirements set forth in the Adoption Act; and
12. The parent executing the relinquishment/consent waives further notice of the adoption case.

 

WHEN CAN A NEW MEXICO COURT IMPLY A PARENT’S CONSENT TO AN ADOPTION?

 

New Mexico courts can imply a parent’s consent, or relinquishment of parental rights when a parent:

• Left the child without support for the child’s identification for a period of fourteen days; or
• Left the child without others, including the other parent or an agency, without provisions for support and without communication for a period of:
  • 3 months if the child was under 6 years old at the beginning of the 3 month period; or
  • 6 months if the child was over 6 years old at the beginning of the 6 month period.

 

WHEN IS A PARENT’S CONSENT OR RELINQUISHMENT NOT REQUIRED FOR THE ADOPTION?

 

A parent’s consent or relinquishment is not required from:

• A parent whose rights to the child have been terminated by law;
• A parent who has relinquished the child to an agency for adoption;
• A biological father of an child conceived by rape or incest;
• A person who has failed to respond when given notice by adoption laws;
• An alleged father who has failed to register with the putative father registry within ten days of the child’s birth and is not otherwise an acknowledged father.

HOW ARE NEW BIRTH CERTIFICATES ISSUED WITH AN ADOPTION?

 

After the adoption is complete, new birth certificates may be issued by the state vital statistics office where the child was born.

 

WHEN IS A GUARDIAN AD LITEM (GAL) INVOLVED WITH ADOPTIONS IN NEW MEXICO?

 

Guardian Ad Litems are attorneys that represent the child’s best interests.  When an adoption is contested, a New Mexico court shall appoint a GAL for the child, to determine the child’s best interests.

 

MUST I PROVIDE NOTICE OF THE ADOPTION TO AN UNKNOWN FATHER?

 

No.  You must only provide proper notice of the adoption to an acknowledged father of the child.  Notice is not required to be served on alleged father’s, or a person whose parental rights have been relinquished or terminated.

 

WHO IS CONSIDERED AN “ALLEGED FATHER” DURING A CHILD’S ADOPTION?

 

An alleged father means a person whom the biological mother has identified as the biological father, but the individual has not acknowledged paternity or registered with the putative father registry as provided for in NMSA 32A-5-20.

 

CALL ATTORNEY MATTHEW LEGAN SANCHEZ FOR ANSWERS TO YOUR ADOPTION QUESTIONS

 

Do you have adoption or step-parent adoption questions?  Matthew Legan Sanchez is an experienced adoption attorney in Albuquerque that can address any of your adoption questions.  Call (505) SANCHEZ to get your Albuquerque adoption questions answered.