N.M. Stat. § 32A-5-17

New Mexico Statutes

Chapter 32A. Children's Code

Article 5. Adoption Act


§ 32A-5-17. Persons whose consents or relinquishments are required


A. Consent to adoption or relinquishment of parental rights to the department or an agency licensed by the state of New Mexico shall be required of the following:


(1) the adoptee, if fourteen years of age or older, except when the court finds that the adoptee does not have the mental capacity to give consent;


(2) the adoptee's mother;


(3) the adoptee's proposed adoptive parent;


(4) the presumed father of the adoptee;


(5) the adoptee's acknowledged father;


(6) the department or the agency to whom the adoptee has been relinquished that has placed the adoptee for adoption or the department or the agency that has custody of the adoptee; provided, however, that the court may grant the adoption without the consent of the department or the agency if the court finds the adoption is in the best interests of the adoptee and that the withholding of consent by the department or the agency is unreasonable; and


(7) the guardian of the adoptee's parent when, pursuant to provisions of the Uniform Probate Code, that guardian has express authority to consent to adoption.


B. In any adoption involving an Indian child, consent to adoption by the petitioner or relinquishment of parental rights shall be obtained from an "Indian custodian", as required pursuant to the provisions of the federal Indian Child Welfare Act of 1978 [FN1].


C. A consent or relinquishment executed by a parent who is a minor shall not be subject to avoidance or revocation solely by reason of the parent's minority.


L. 1993, Ch. 77, § 144; L. 1995, Ch. 206, § 34, eff. July 1, 1995; L. 2005, Ch. 189, § 63, eff. June 17, 2005.


[FN1] 25 U.S.C.A. § 1901 et seq.

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